THE MANIFEST OF The Most Illustrious, and Sovereign Prince, Charles Lodowick, Count Palatine of the Rhine, Prince elector of the Sacred Empire: Duke of Bavaria, etc.  
Concerning the Right of His Succession Both in the Princedom, Lands, and Estates of the PALATINATE: As also in the Dignity, Voice, Session and Function of the ELECTORSHIP-PALATINE thereunto annexed.  
Translated, Anno. M.DC.XXXVII.  
LONDON, Printed by A.G. for I.N. and R.W. And are to be sold at the sign of the King's Arms in Paul's Churchyard, M.DC.XXXVII.   

The Preface.  
THe State of Empires, Kingdoms, and all Societies, is best known, by those Laws, Orders, Contracts, and Constitutions, which, by common consent, are, for the time being established amongst them: for State is from standing; and that present condition wherein a thing standeth, is the State thereof. What hath been heretofore, or may be hereafter, doth rather belong to their Story, than their State. By this Line we may measure the German Empire; at it hath long stood, and yet standeth, though like an old house nodding to the ground. I will not describe the whole frame thereof, but only such parts as may give light to the ensuing discourse. Look we therefore back to former times, and we shall find, that Germany, like a vast body, was cut and mangled into diverse Nations, Forms and Governments, till the Reign of Charles the Great about 800 and odd years ago. In His days, the great Roman Empire split into two; whereof the Western part fell to His share, which He after subdivided among His sons. Charles had Germany, Lodowick had France, Pipin had Italy.  
But Germany, is the greatest, carried away the Imperial Title from the rest; which caused great dissensions, not only betwixt the three pretending Nations, but also among the Princes of Germany, after Charlemaine's Line was out. At last Hugh Capet setting up a new Race in France, to secure His own posterity, was willing to let fall the strife for the Title, and yielded it to Germany: But Italy tossed with the furies and ambitions of the Popes, ever rebelled against the Emperors, and inward broils fowlly defaced. Germany; Till at length the Princes, tired and consumed with these evils, were forced to advise together for their own preservation, and the Empires. Then was produced this form of State, which hath continued without change, many hundred years. First they made a Law, That the Emperor, from thence forwards, should be chosen among themselves, whereby all pretensions should be restrained. Next, they appointed the choosers; whereof, according to those times, three were Bishops, Mentz, Tryers and Collen; and three Princes, the Palatine, Saxe, and Brandenburg. These six do only, and properly, constitute that College, which is called the Supreme Council of the Emperor, and Foundation of the Empire. But because their number was even, and in Elections it must be odd, the King of Bohemia was added to them, that in the College might be a casting voice: for He hath only Electoral Right at times of election, and is never else admitted into the Diets or Counsels of the College. This College was then ordained with prepetuall elective power: Insomuch that when any was chosen by the Chapters of Mentz, Tryer, or Collen to be Bishops, they were immediately likewise Electours; but because they could not marry, and were always chosen, there was no need to povide for their succession. But the case was different of the Electours temporal: For they being great and Sovereign Princes, before they were Electours, had no meaning to make there Estate worse by that Addition: And therefore it was enacted as an irrevocable Law, that their Electoral Dignities, and Temporal Princedoms should go together, and be entailed upon their eldest Sons and Heire-males descending from them, by the Father's side for ever.  
For they held in necessary to clear the Succession in those Houses, which had perpetual Right to choose the Emperor, well foreseeing, that it might be no less pernicious to the whole body, to dispute who should be elector, than it was before, who should be Emperor: whereas now the whole Empire might certainly know, where the Dignity would descend, and so be always at rest; from whence it appeareth, that on the certainty of the College, the Jafety of the Empire dependeth. Now this Right of succession is so rooted in these Electoral Families, and in every one of their Male offspring, that it cannot be plucked up, nor alienated, nor forfeited, nor transferred by any resignation, or delinquency; but only by failing and extinction of blood; in which sole case, both the Dignity and Inheritance revertes unto the Empire, as a Fee thereof. The sum of all, is, that by this Policy and Constitution of the Empire, which hath been confirmed by such continuance of time, the Emperor is Elective, and the Electours Successive; and in the mutual oaths, which pass betwixt them, the Emperor is bound deeper to them, and by them to the Empire, to preserve them all in their immunities, than they to him, who only swear homage and fealty, not as His, but as vassals of the Empire. In which relation, if afterwards any, or elector, or of an Electoral House shall commit the highest crime, though as great as Treason, yet they cannot be punished, much less deposed by any power of the Emperor, who is not the Lord of their Fee, but by a lawful trial before the Electoral College and estates of the whole Empire, of which only they do depend. As vassals of the Empire, they may be tried for their offence, and punished in their own persons: but as Princes and Sovereigns in their estates, they cannot be tainted in blood, nor by their crime prejudice the succession of their Heirs; which is the difference betwixt the Regally of these Electoral Tenors, and those of other Nations; for their treason doth taint the blood, and disableth the Son to succeed the Father, because the Son succeeds in the Father's Right; which the Father having forfeited, the Son hath nothing to succeed; but here the Son succeedeth not in the Right of his Father, but of his own; by reason of that first and Original Contract made with his Ancestors, wherein He was invested and comprehended, as well as his Father, and cannot be excluded from his own Right, but by his own offence. Which seemeth to be a most just, and natural sanction, That if every own will look to his Innocence, the Law will look to his Right. And this may suffice for a small Jntroduction to the work.   

CHARLES LODOWICK By the Grace of God, Count Palatine of the Rhine: Archidapifer, and Prince elector of the Sacred Empire, Duke of Bavaria, etc. To his Imperial Majesty. To all Kings, Potentates, Electors, Princes, and Estates; within the Empire and whole Christendom. Addresseth This his ensuing Manifest.  
The Manifest.  
IT hath been the constant custom amongst sundry Nations of the world, from the beginning thereof, to this present age; that in all hereditary kingdoms and principalities, the succession should descend upon the eldest Son, or the next males in blood to the deceased, without let or contradiction.  
And as this Right of Birth and prerogative of nature is large and universal; so in especial manner it hath been confirmed, and observed most exactly in the Electoral houses of the German Empire: insomuch that many hundred years ago, when it seemed good to the preceding Emperors, Princes, and Estates of the Empire, to found and erect the College of Electors, as well for the settling of a good order, as for preventing of all divisions. They decreed by common consent, and ripe deliberation, that the three Electoral houses of the Palatinate, Saxony and Brandenburg should from thence forwards, and for ever after, have their certain and unquestionable successors in their Electoral Office; and Estates and Regalities thereunto annexed. Ordaining moreover, that whensoever any of the said Electors should departed this world, than his first borne Son and the male issue, or in default thereof, the next of that 
a Agnation is that Line in blood, which comprehendeth all the Cousins or male-descendents on the Father's side, ●●o in the Empire are only capable to succeed in Electoral and princely Houses.  Agnation should be received, and acknowledged by all the States of the Empire, for true and lawful Electours. Or if perchance they were under years, that then they should be reputed as Successors designed, and in due time invested by the Emperor's reigning in the right of their successions. Which wise and wholesome Ordination, whereby the Empire had so long time been peaceably governed, was again in the year 1356 at the intervention of all the Electors, Princes and Estates, ratified and established for a fundamental Law of the Empire by the Golden 
b So called from Bulla; the stamp or seal of gold, which was appended to this imperial Charter here mentioned; wherein was contained all the laws, forms and orders, of the Empire; both for choosing the Emperor as Head, and preserving the Estates as Members in their several liberties, rites and lignities.  Bull of Charles IU. then Emperor. In such sort, that all Constitutions of the Empire, and 
c Whe● the Electours were agreed of the person, before they declare Him Emperor, they required an oath of Him, to maintain the Laws of the Empire, and preserve them, and the Estates thereof, in their several Rights and Immunities. And this is called the Imperial Capitulation.  Capitulations of the Emperor together with the mutual bonds and unions betwixt Electors, which have since that time been made and contracted, were laid and founded upon this fundamental Sanction; and whatsoever hath been contrived to the prejudice thereof, held for illegal, and of no validity. The word of the Golden Bull, whereby the right of Birth and Succession is inviolably preserved in the Electoral Houses, follow in this form.  

The Law concerning Electoral successions.  That hereafter, no dispute nor dissension arise between the Sons of the said Electours, and Princes temporal, and that the public good and tranquillity suffer no stop nor detriment. We, desirous to remove all such impediments, Do by this present Act, never to be repealed, declare, will, and ordain, by Our Imperial Authority; That when any of the said Electours shall decease, his Right, Vote, and power Elective shall descend to his eldest Son, being secular and begotten in lawful marriage; and by his decease to his eldest Son without any opposition. And in case the eldest Son should departed without lawful heirs, being secular; then the Right, Vote, and power Elective shall be transferred by virtue of this Act to his next brother by the father's side, lawful and secular, and so successively unto his eldest Son. Furthermore, this Succession in the eldest Sons and lawful heirs of Electors, and Princes, concerning their Right, Vote, and power Elective, shall from hence forwards be for ever precisely observed with this Declaration; That if perchance and elector his first borne Son, or his next eldest brother, of the first borne Son, shall have the Tuition and Administration, till He accomplish his majority, which in an elector shall be eighteen years Complete, at the end whereof, the Right, Vote, and Elective power, with all the appurtenances, shall devolve upon him, which together with the Electoral Office, shall be resigned to him by the said Tutor and administrator.  
Since therefore by the death of the most Illustrious Prince Frederick V Count Palatine of the Rhine, and Duke of Bavaria, and afterwards chosen King of Bohemia, Our most Honoured Lord and Father of happy memory, the office of High 
d For more honour to the Coronation, the four temporal Electors do the Emperor service for that Day: King of Bohemia giveth him Drink, as Cupbearer: elector Palatine setteth on the first Dish, as Sewer, which is called Truckcesse: The elector Saxony carrieth the Sword, as Marshal: and elector Brandenburg, beareth the Key, as Chamberlain.  Truckcesse and Electourship of the Empire, together with all the Rights, Suffrage, Dignities, Regalities, Lands, People and Subjects thereon depending, are fallen unto Us, and that by virtue of Our proper and acquired Birthright of the Contract and providence of our Ancestors: of all Feodall laws: of the first & 
e So called from Simul together: because when a Prince or elector is invested by the Emperor, it gathereth and includeth all the rest of his blood and Agnation, and entitleth them to the same Right of Succession with himself; whereby every one succeedeth in his own Right, and can neither foresee more than he hath, nor be prejudiced by the forfeiture of another.  Simultaneous Investiture: of the Golden Bull: of Imperial Charters: of fundamental Laws: of 
f By these Covenants, All those in every Electoral House, who appertain to the male blood or Agnation, are bound to observe the foresaid order in their several successions; which is established by the ancient and public Constitutions of the Empire: namely, which descendeth upon the Eldest Son and so forward to the next male Cousin in blood by the Father's side.  Covenants made in our Electoral House: and of the Confirmation of many foregoing Emperors, they are inseparably entailed upon us. And since Our dear beloved Uncle by Our Father's side, the Duke of Simmern hath in conformity to the Golden Bull resigned as well the Tuition of Our Person, as Administration of Our Estates at the time prefixed: We having, as it became us, waited the time, and now by the grace of God, attained our full age, do think Ourselves bound in honour and conscience, to take upon Us the Succession of Our Electoral Dignity, and all things thereunto belonging, as that whereunto God, Nature, and Our Right hath called Vs. To which purpose We do now present ourselves both to your Imperial Majesty, (of whom We have in due form demanded Our Investiture) as also to have all Kings, Electours, Princes, and Estates, in that Electoral quality, which belongeth to our Birth and Succession, hoping, that ye will not only, receive and acknowledge Us therein, but also assist and maintain Us in Our illitigable Right.  
Here at our entrance, We can easily imagine, that the Ban against Our most honoured Lord and Father, the execution of the same, together with the translation of Our Electourship (which is still detained by force) may be cast into Our way by partial and cold affected people: but We entreat them all to spare their judgements, and look a little backwards upon the Protestations, and just Defences, which have been made both in public writings, and assemblies, there they shall find the complaints of the temporal Electours against those unjust proceed, and the nullities of the same, to be proved incurable. And if needful it were to enlarge those deductions, which are already published to the world; We are to know, that our said Lord and Father, not long before his death caused his just Apology to be drawn in writing against those violent proceed, with a purpose to have put it out, but that He feared, occasion might have been taken from thence to have hindered some treaties and mediations than a foot, since it hath been suppressed by his untimely death, which otherwise had it seen the light, would questionless have imprinted better opinions in the minds of those, who have been choked with blind and sinister informations. For the present We refer the clearing of those matters to the public books afore mentioned, and refer expressly to ourselves the defence and vindication of Our most dear Lord and Father's honour, by all lawful ways, against false and calumnious imputations, hoping that no living soul can with reason blame this duty in a Christian and obedient son.  
But in this passage, We cannot conceal the inwardness of Our grief, to see the translation of Our Electoral Rights not only usurped by force of arms, but justified and confirmed by the late Treaty of peace made at Prague the 30 of May last, under this painted pretext, as if forsooth the whole world, and in particular the Electoral College assembled in the year 1627. had found and charged Our most dear Lord and Father, as chief Author of all the broils, happened first in Bohemia, and afterwards throughout the Empire: whereas the contrary was seriously represented, and avouched to the Emperor by the whole Electoral College and Diet at Ratisbone in the year 1623. the 30 of january, as appeareth by their joint relation, as followeth:  
That the Palatine was a young Prince, and not being able to Counsel Himself, was seduced by others. That He was not the Author of the troubles in Bohemia, and that others, who had no less offended His Imperial Majesty, had been pardoned. Wherefore they all besought His Majesty to overcome Himself by his own magnanimity, and to turn His rigour into gentleness, whereby the Palatine upon due deprecation might be admitted to grace, and the Empire be refreshed and settled in peace. Otherwise, if the ways of extremity were still continued, nothing could be looked for but effusion of blood, vastation of the Empire with new and fearful combustions.  
This was at that time the opinion of the said Electours, which notwithstanding they strangely changed afterwards in the Diet at Mulhausen, though they had less cause than before.  
Now it is Manifest enough, and might easily be further cleared, with what zeal, and sincerity Our most honoured Lord and Father laboured to quench that fire, which others had kindled, and to obtain the favour and reconciliation of the Emperor together with his own restitution; The many Treaties, offers, submissions, satisfactions, cautions made by Our most honoured Lord and Father, together with the frequent Ambassages, Intercessions, Remonstrances of diverse Kings, Potentates, Electours, Princes, and Estates in this behalf, are so many witnesses of His pains and integrity.  
To pass over the friendly diligences, which Our most honoured Lord and Father used to still and appease the first ruptures of Bohemia, as also what He propounded to the elector of Saxony, and Landgrave of Darmstatt after the battle of Prague touching His own reconciliation. We will only produce the testimony of some Ambassages in this place, which were sent to the Emperor by the Kings and Allies, & at the instance of Our most honoured Lord and Father.  
The first was Anno 1621. when the Lords of Rantzow and Wintersheim were dispatched to Vienna from the King of Denmark, reiterated again Anno 1622. by the Lord Bogwisch of Haslow, seconded with the Letters and intercession of the elector of Saxony. The second sort are those Ambassages which were employed to the Emperor by the late King of Great Britain Our Grandfather of blessed memory; namely by the Earl of Carlisle 1619. by Sir Henry Wotton 1620. by Sir Edward Conway 1621. and Sir Richard Weston in the same year, by the Lord Digby 1621. by the said Sir Richard Weston at Brussels, besides all those Treaties in Spain and elsewhere, negotiated by His other Ambassadors. The third sort are partly Letters sent to the Emperor by the said King of Great Britain, before the translation of Our Electoral Dignity, under the date of 12. November, 1621. Wherein diverse Conditions were propounded to the advantage of the House of Austria, and partly the conference at Colmar in july 1627. with the Dukes of Lorraine and Wirttenberg; who were admitted as Interposers by the Emperor himself, together with our Offers, and Declarations, which were there made upon the four Articles, propounded in the Emperor's name by the Prince of Eggenberg. The fourth sort are those two solemn Ambassages, which the King of Great Britain our most Royal Uncle, sent by Sir Robert Anstruther to the Emperor, and Electors assembled at Ratisbone 1630. and to Vienna to the Emperor apart 1631. And lastly We refer ourselves to those divers writings and letters, which Our most honoured Lord and Father sent abroad to Kings and Princes: but especially to those two, which He wrote with his own hand unto the Emperor. By all which (though barely recounted as passing by) it plainly appeareth, that Our most honoured Lord and Father omitted no possible means to seek and sue for his reconcilement, preferring always the public peace before His private interest, and what He could not do by himself or his Ministers, by reason of the Ban against Him, He laboured to effect by the mediation of great Kings and Princes His Allies, ever willing to submit himself to reason; which doth not only discharge Him of those wrongful imputations, as though He by his practices, stubbornness and rejection of all equitable means had been the chief cause of these miserable wars and ruins in the Empire, but also discover, that the fault is to be truly imputed to them, who disdainfully waving these many offers, instances, and intercessions of peace, have driven all things to extremities, to glut the covetousness and ambitions of their hearts.  
But who will look into the letters of his Imperial Majesty, written with his own hand the 14 & 15. of October 1621. to Don Balthasar of Zuniga one of the Councillors and Grandees of Spain, shall there find other reasons, & indeed the true causes, which moved His Majesty to think it most necessary then, to transfer our Electoral Dignity upon the Duke of Bavaria without delay. For after many considerations alleged, which made him resolve never to restore Our said Lord and Father, He thus writeth.  

Letters of the Emperor for translation of the Electourship Palatine to the Duke of Bavaria.  Since we have concluded with ourselves, even before God gave us this great victory, That the Palatine once proscribed could no more be restored without manifest danger of the Catholic party, and all our house; and considering that the Duke of Bavaria is a Zealous Defender of the Catholic cause, and that his Country is a Bulwark for ours against the Dutch Princes; We have of our own proper motion, but inspired, no doubt, from God, given the Palatine Electorship unto him, as to a Prince endowed with great riches, and full of wisdom to bear so high a Dignity. And forasmuch as his help and services have stood us much in stead, and may be still of great use unto us, for recovering Our Kingdoms and Estates; The time itself seemeth to require it more, than he, that we hasten the performance of our promise, in transferring the Electourship upon him, whereby we shall also ease ourselves of much trouble and cut off all hope from the Palatine and His friends, who with too much importunity press his restitution. And because this work needeth the assistance of the King of Spain, we have thought by your means earnestly to exhort him, not to neglect this fit occasion, to advance the establishment of Our House, and the cause of Religion, to both which He is well inclined. For he cannot be ignorant, that in this opinion Our Ancestors were confirmed, that the foundations and pillars of Our House were laid and grounded in Germany, which ought with so much the more care be defended against Our enemies, because if the foundations be shaken, the Fabric cannot long subsist: Now among all Adversaries against the greatness of Our House, none hath been more opposite, within the bounds of Germany, than the Count Palatins, as it appeareth by the time of Maximil. I. Charles V Ferdinand I. and Rodolph II. This being certain, that the rebellion of the Netherlands against His grandfather Philip II. was fomented from the Palatinate, and that He will never be able to reduce them to His obedience, unless this Stock be first rooted out of the Empire.  
In the postscript of the said Letter this motive was likewise added;  
That if we had one Catholic voice more, than we have, we should also be assured, that the Empire would remain in the Catholic hands, and by consequence in Our House, to the advancement whereof, the Duke of Bavaria would willingly concur in requital of this great benefit, having been exalted by an Emperor of Our House to so High a Dignity.  
In another Letter of the Emperors, written to the King of Spain, under the 〈◊〉 of May 1622 are these words;  
Since it may be presumed that the English Ambassador hath Commission amongst other things to urge the restitution of the Palatine now exiled; We thought good to acquaint you in confidence, that We have lately promised, for many reasons, the Electoral Dignity and Prerogative fallen into Our hands, unto the Duke of Bavaria, as to one, who during these public troubles and confusions hath well deserved of Us, of the Empire, of Religion, and of Our house, and still ceaseth not to undergo infinite charges, notwithout the danger of his life and Estates, insomuch as having already granted Him our letters Patents, nothing now remaineth, but what dependeth on time and occasion, namely to give Him investiture, and introduce Him into the Electoral College, and so to put Him in full possession.  
If any man would know the foul and the fair of this pretended promise, and translation of the Electourship, how it was negotiated, contrived and agreed, by the suggestion of the Pope, and operation of certain Monks, as also how it was secretly carried and concealed from the College of Electours, who were afterwards assembled at Ratisbone, only to approve the said translation, and to assist the solemn Investiture with their presence, we shall send the Reader to the Public Acts, and original letters, out of which these things following, are extracted: First in the Emperor's letter of his own hand to Don Balthasar de Zuniga bearing date 15 of October 1621. are these words.  
Moreover I cannot for bear to acquaint you, that since we have diverse times both by word and writing promised the Duke of Bavaria (who hath so much obliged us) to transfer the Electourship Palatine upon him: We know not by what means we can withdraw our promises without wounding our honour, and provoking God's anger against us.  
In another letter written with the Emperors own hand to Hiacynthus a Capucin, bearing date 15 October 1621.  
Although we doubt not, but you will handle the business committed to your charge with that wisdom, God hath given you, yet for the trust we have put in you, we will not for bear to give you this advise; That ye should not mention in the Court of Spain, that the Duke of Bavaria hath already the Investiture in his hands, for we fear, that if they should know so much, it would infallibly breed rather harm than good, but ye shall rather labour to rectify those errors, which are currant there, and dispose them, not only to agree with our opinions, but also to assist us in our designs, that we may perfect this blessed work so necessary for the preservation of our holy faith, and by consequent, of our Family. For ye know well enough, that if the King of Spain should abandon us, we were not able of ourselves to make our promise good to the Duke of Bavaria.  
In the Emperor's Resolution given in writing to the Pope's Nuncio Fabritio Verospo at Vienna, in February 1622 are these words:  

Resolution of the Emperor about the translation.  His Imperial Majesty having well considered, the pregnant reasons which moved his Holiness to persuade him, to transfer upon the Duke of Bavaria the Electoral Dignity, Titles, Honours taken from the Palatine proforibed, doth first of all duly thank his Holiness, for showing by so grave an Ambassage his Fatherly care, to increase the Catholic Religion, and relieve the miserable estate of the Empire, and that his Holiness might see the providence and care of his Majesty concurring with him, in the same aim and ends, He hath already begun that Translation, which his Holiness desired, and assured the Duke of Bavaria thereof by his Letters Patents.  
The Count d'Ognate Spanish Ambassador at Vienna, caused a memorial to be presented to the Pope by his brother Ambassador then at Rome beginning thus:  
Hiacinthus the Capuchin was sent by your Holiness to the Emperor to exhort Him, partly to continue the war against the Heretics, Enemies of our Mother Church, and disobedient to your Holiness; partly to dispose him, to translate the Electoral dignity upon the Duke of Bavaria, who both for his Religion, and his assistance in the war against the Palatine hath well deserved of the Emperor, so as the desire of your Holiness is, that the Palatine should be stripped of his Dignity and punished accorning to his desert & rebellion.  
The Cardinal Ludovisius wrote from Rome the 16 of Octob. 1621. to the Archbishop of Patras Pope's Nuncio at Brussels, to this purpose.  

Letters of the Cardinal Ludovisius about the Translation.  Ye shall use all possible means to dissuade the Infanta her Highness from agreeing to a suspension of Arms. And concerning the Person of the Palatine, my advice is, that since He is once deprived of his Country, He ought to take it for a special grace if He may have leave to submit himself to the Emperor, but notwithstanding any submission, nothing ought to be restored to his children, unless they be brought up in the Catholic Religion. For it were a great error to suffer the Palatinate in the hands of Heretics, which is so near to the Low Countries. Therefore it behooveth you to be watchful there, as well as the Nuntio is in Spain, who hath order to imprint this point well in the King's mind: The Pope will also do his best to persuade the Emperor, and the King of Spain, that the Palatinate be shared among the Catholics, whereunto you shall do very well to dispose the Infanta.  
Caraffa the Pope's Nuntio at Vienna wrote to the forenamed Archbishop of Patras the 20 of October 1621. to Brussels in this manner, 
Letters of Caraffa the Pope's Nuntio about the Translation.   
There is no doubt to be made of the Emperor's intention to transfer the Electourship Palatine upon the Duke of Bavaria: The only stop proceedeth from the Spaniard, which I should not have been bold to say, had not the Prince of Eggenberg assured me, that the Emperor had finished the business long ago but for the wilfulness of the Spaniards, who for want of other evasion cover their crossness under the pretext of the elector of Sax.: But to stop this starting hole, the Archduke Charles, is lately gone to the said elector, though under another colour, 
g The colour was to dispose the said elector to a suspension of arms and execution of the Ban, which at that time was promised by word of mouth to my Lord Digby.  from whom we shortly expect answer, which if it be not a flat negative, but neutral and indifferent, we will go on, and urge the Emperor to dispatch the work, and the rather, because the Count d'Ognate seemeth to say, that the King his Master will be content, if the Duke of Sax. be not contrary: Nevertheless, because we are jealous of the Count's perverseness, although the Duke of Sax. should consent, we have without noise and under hand sent Friar Hiacynthus into Spain to blunt the endeavours of the said Count, and of Digby the English Ambassador designed to go thither, to which end the Emperor hath written with his own hand to the King of Spain, to Don Balthasar, and the Nun Infanta, without the Knowledge of any. In sum, you see the state of the business, and by discourse of the Spanish Ambassador we further find; that the Spaniard (on whom all dependeth) would not much oppose this translation, if these three points were provided for. First, that the Duke of Bavaria should restore upper Austria; That for defraying of his costs He should have the upper Palatinate, which is more, than his due, and would content Him: And that the Nether Palatinate, be left to them, whereunto the Duke of Bavaria should renounce all the pretention, which He might have in right of the Electoral Dignity.  
The said Nuncio writing to Friar Hiacynthus the 16 of October 1627. saith as followeth,  
I besought the Emperor to keep the business secret; who told me, He had already written with his own hand to the very cover, for the more secrecy. And a little after, I drive on this business with earnestness, albeit I something doubt, whether it be necessary or no, seeing our friends are minded to do that, which the Count of Zollerne caused to be propounded by a Minister of the Emperors to the Duke of Bavaria a part; ye understand well, what I would say: I have given out, that ye are going into Italy, and hitherto, they know no otherwise.  
Moreover in another letter of the same Nuntio to the said Capuchin of the 20 Octob. 1621. are these words:  
The first Pretention of the Count d'Ognate is, to have the upper Austria restored; and that for his expenses in the war, the Duke of Bavaria have the Electoral Dignity, and the upper Palatinate, which as the Count of Zollern tells me doth surmount his charges. And a little after: wherefore I believe, the Count d'Ognate, nor his minister will ever assent to the Translation, unless it be for their own interest; thereby to draw into their own clutches, the Nether Palatinate, as a Country, which much importeth the house of Austria, both in regard of the Empire and of the Netherlands. For by that means, the Dutch Protestants can neither assist the Hollanders, nor the Hollanders the Dutch Protestants; and so the King of Spain would be master in the Low Countries, and the Emperor in Germany.  
It is also very remarkable, what the Duke of Bavaria promised, under his hand and seal, in the treaty of ulm, which He concluded by interposition of the French King, with the Protestants then united the 5 of july 1620. where He assured them in the word of a Prince, and in the most valuable form in law, \ 
That none should invade or molest the Lands, Estates, Towns, Borroughs, villages or possessions of any of the Electours, temporal or spiritual; nor should any ways trouble one another in their government or Religion. But that the Evangeliks', as well as the Catholics, should live in concord together, leaving one another to enjoy their own in peace.  And in the third Article of the said Treaty, where the Kingdom of Bohemia and incorporated provinces are excluded; 
The Electoral Palatinate, together with the hereditary lands situated in the Empire, are expressly comprehended.  Which the said Duke of Bavaria did afterwards confirm, by his Letters, and not alone to Our most honoured Lord and Pather; but also to the States of the upper Palatinate, even after He had accepted the Commission, against the Kingdom of Bohemia and Count Mansfelt, as the words of notification sent from Straubing the 8 of September 1621. do testify: 
That for his person he had nothing to do with the upper Palatinate, nor had ever done it any wrong.  All which agreeing with the Emperors promise made to my Lord Digby, for a suspension of Arms the beginning of September 1621. whereby He declared; 
That so long as the Treaty of peace should last with the King of Great Britain, He would grant no further commission to execute the Ban, against the upper Palatinate.  Our dear Lord and Father had little reason to mistrust any violence or hostility from the said Duke of Bavaria; who nevertheless contrary to all the declarations shortly after, executed a new and sharp commission against the Countries, people and subjects of Our dear Lord and Father; & whilst a peace was treating both at Vienna and Brussels, He usurped the whole upper Palatinate, & part of the Nether with the Electoral Residence, pretending, that his former Commission, was enforced by certain new commandments from the Emperor, which it befitted not him to examine. And in his Letter to my Lord Digby from the Camp at Schartzenfield, 2. October 1621. He saith, 
That being now in full march, it was not possible for Him to retire; neither could He ever be of advice, to yield to a suspension of Arms which was so sudden and unexpectedly required, even when His enemy was before His face, and He might under that colour, take some advantage against Him.   
The Emperor also writing to the said Lord Digby from Vienna, the 12. October, 1621. maketh this answer. That the Duke of Bavaria, being forced to march against the Count of Mansfelt, could not desist from that necessary expedition, nor allow the suspension of Arms propounded, both because his Army was levied at such great charges, and for that, He had the victory in his hand.  
Which contrary proceed, seemed very strange, both to my Lord Digby, who was forced to see the upper Palatinate, lost under his eyes, and to the King of Great Britain his Master, as appeareth by their several complaints. From Newburg the 5 of Octob. 1631. Thus my Lord Digby writeth to the Emperor:  

Complaints of my Lord Digby to the Emperor.  Under your Majesty's favour, I hold this hostile invasion of the Duke of Bavaria into the Palatinate to be done against all right and reason, forasmuch that I have been oftentimes informed, by your Majesty's Counsellors, that the said Duke, neither had order from your Majesty, to go on with the execution of the Ban, nor should have any hereafter. But most considerable are those Letters of King james His Master, before alleged to the Emperor, dated from Roystone the 12. of November 1621. Wherefore we cannot enough marvel, 
Complaints of King james to the Emperor.  that at the same time, whiles we are treating a peace, and propounding saving Counsels, yea, and that quite conarary to your own answer, Our Son in law, should be spoilt of his inheritance, and the upper Palatinate taken in by the Duke of Bavaria, at your commandment, and that upon new reasons, till now, unheard of. Considering that in your said answer, given to Our Ambassador, the execution of the Ban was suspended, in those parts, and no Arms to be resumed, without notice given to Us, three months before. All which notwithstanding, after the said answer, and by your express order, the greatest part of the neither Palatinate, was seized on, by the Spanish troops, and all the rest endangered, if it had not been timely prevented.  
After all these things, were thus secretly plotted, and compassed, much about the time, that my Lord Digby was soliciting the reconcilement, and restitution of our dear Lord and Father, and was filled with fair hopes, The Emperor called a Diet at Ratisbone, where Himself was in presence together with the three Spiritual Electours, the Landgrave of Darmstatt, and Bishop of Saltzburg, and although both his Majesty, and elector of Mentz in name of all the rest did seriously require the two temporal Electours of Saxony and Brandenburg to repair thither in person, yet they only sent their Ambassadors with this excuse, that since they could not approve the execution of the Ban, nor translation of the Electoral Dignity, which was then resolved, they were afraid to assist in presence, lest they should be forced to behold those things, against which they had voted, as hereafter we shall see more at large. At that time our Royal Grandfather, the King of Great Britain, though much offended, that the treaty at Brussels propounded by the Emperor was broken off under show: That affairs of so great importance could be neither treated, nor decided without the Empire, and intervention of the Electours, and Estates; yet hearing of this Diet commanded my Lord Chichester then in the Palatinate to repair to Ratisbone; whither also my Lord Digby residing at that time in the Emperor's Court for the affairs of the Palatinate, also resorted, as to prepare the other Ambassador's way, But the King Our Grandfather being assured, that the Emperor was fully resolved actually to invest the Duke of Bavaria with the Electoral Dignity, and that the two temporal Electours upon that reason, absented themselves, countermanded the said Lord Chichester, supposing, that his presence there would not only be fruitless, but also liable to dishonour, in stead whereof He wrote to the King of Spain, 22. Novemb. 1622. resenting this breach of promises, and unjust proceed in these words: 

Letters of King James resenting the double of the Emperor to the King of Spain.  We are certainly advertised, that the Emperor hath bound himself, by divers promises, to transfer upon the Duke of Bavaria the Palatinate, and inheritance of Our Son in law, as ye shall further understand by Our Ambassador, and that your Ministers have declared to the Emperor, that if this be done without your approbation, He must look no more for your assistance, which is so necessary for him: Insomuch that to put the same in execution, nothing resteth, but your consent. Of which proceed so contrary to all assurance given us of the Emperor's good intentions, we are now no less astonished, than at first We were in believing. For in all his own answers, made to Our Ambassadors, he not only declared his friendship towards us, but promised the entire restitution of Our Son in law, for a token and testimony thereof. And in all conferences, which Our said Ambassadors have had with his Ministers of State, they have expressly avowed, that the Emperor would never have made us such answers, had he not been fully free and unobliged. Now albeit our care be much increased by such a sudden change; yet it is in part diminished, by the constant and sincere good will, which ye have always borne us; wherefore we entreat you to finish this work, which ye have so well begun, and not to suffer under pretence of diversity in Religion; or of outward interests; to fill the avarice or ambitions of a few; that occasion be given, of greater evil, and calamities, which by war, will necessarily, fall upon all Christendom; The examples being infinite, how dangerous a thing it is, to drive any to utter desperation.   
And notwithstanding that the Ambassadors of the two Electours, Saxony and Brandenburg, laboured hard, in the said Diet, to hinder the pretended Investiture, and directly opined against the proceed of the hasty proscription, and rigorous execution of the same, as also against the translation Electoral, trailing with it many prejudicial inconveniences; yet the Emperor ceased not to confer with all solemnity the said Investiture; declaring and conditioning therein, as it appeareth by his final resolution, taken upon the last advise of the said Electours, 23. Februar. 1623. 
That as he never purposed, in the least manner whatsoever, to derogate either from the preeminence of Electours, or from the Constitutions of the Empire, or his own Capitulations: so he did not intent by this investiture to prejudice any in his right; To which end He would have this clause inserted into the investiture of the Duke of Bavaria, namely [That it should no wise wrong the Emperor, or the Empire, or the children of the Palatine, or his brother, or the Duke of Newburg, or any other of his Agnation, who might justly have any pretence; All which should be expressly reserved, and withal possible speed decided by transaction or by law.] Insomuch that upon sentence given in favour of the Palatines brother and next of Kin, the Electoral Dignity, and what shall be more adjudged, shall escheat and belong unto them after the death of Maximilian Duke of Bavaria, wherein they shall be also invested by the Emperor; And hereunto the said Duke of Bavaria upon communication had thereof, not frustrating the good opinion of the Electours, Princes, and Ambassadors now assembled, hath accommodated himself, and is willing to provide sufficiently for that point by his reversal letters, wherein He hath sincerely testified his true intentions to the Emperor and Empire, and to public peace and tranquillity.   
The same was confirmed by the Emperor in his letters, to our said Royal Grandfather, the King of Great Britain dated, from Ratisbone the 5. March, 1623. wherein are these words: 
Letters of the Emperor confirming the same to King james.  Concerning your Nephews by your daughter, and those of the Palatines Agnation; as it was never in Our thoughts to prejudice the right of any, by this Our declaration; so it is our will, that a door of grace and equity be always left open to their pretended succession in the Electoral Dignity.  
Here we will set aside, what passed from the first beginning, at Rome, betwixt the Pope and Cardinals, for advancing this injurious translation and Investiture; as also. What was promised by the Duke of Bavaria, to the See of Rome, in acknowledge, meant of his due obligations, all to the disadvantage of the honour and preeminence of the Empire. But soon after that the Investiture was dispatched, Our Electorate, Princedoms, Countries, people and Subjects, were in a manner strange and unusual in the Empire, torn and shared into divers pieces. Our Princedom of the High Palatinate was conveyed hereditarily, to the Duke of Bavaria, for the redemption of the upper Austria, which was mortgaged to him by the Emperor, for his charges in the war. Afterwards, the Governments of the Low Palatinate, on the same side of the Rhine, were set unto him at sale, on a certain price, as appeareth by the Briefs, intimated to Our Subjects. The most part of the Nether Palatinate, on the other side, was consigned into the hands of the King of Spain by way of compensation, for the great costs, which he pretended in the war. The Government of Germershein fell to the Archduke Leopald, Vtzberg and Vmstat to the Landgrave of Darmstat: The Bergstrat to the Bishop of Mentz, Barchstein and Weiden to the Duke of Newburg. And others there were, who carried away pieces of our Inheritance, as if it had been a common spoil. All which was flat contrary to the Golden Bull, to the fundamental laws of the Empire, to the Rights, Customs, Privileges, and Investitures of former Emperors, and to the promises of this. For the Golden Bull doth in many places clearly forbidden the renting and dismembering of Electoral and feudal Countries. In the 24 Chapter, 
Laws against dismembering the lands of Electours.  thus it stands: We therefore will and ordain as a perpetual law, that the High and Noble Princedoms, to wit, the Kingdom of Bohemia, the County Palatine of the Rhine, the Dukedom of Sax. & the Marquisate of Brandenburg together withal their lands, limits, homages and Fees thereon depending shall in no wise be severed or divided, but shall remain whole and entire for ever. And in the 20 chapter thus: We ordain by this our Imperial Act to endure for ever, that every one of the said Princedoms, their several Rights, Voices, Offices, and Dignities Electoral with their appurtenances shall inseparably remain joined and united. And a little after: Seeing therefore these be things inseparable, they can neither be divided in themselves, nor by judgement of any Court, neither shall any one be heard, who soliciteth such a sentence: or if perchance any hearing, suit, or sentence; shall be hereafter sought, or granted, by errors or other means, against this our present act, We declare the same, and whatsoever shall follow thereupon, to be nought in law, without worth and validity. By all which passages, every eye may see, where this translation, Investiture, sharing, dividing, bargain and sale of our Estates Dignities, are to be lodged. But for all, that the Duke of Bavaria was thus invested, and put in Possession of the Electoral Dignity, Voice, and Office; it cost both Him, and the Emperor himself much pains and labour, and that not without certain Articles and conditions, before they could induce the two Electours of Saxony and Brandenburg, to receive him into their Session and society in the College. To begin which work, the Duke of Bavaria broke the ice, earnestly requesting the elector of Mentz, then living, by letters dated at Ratisbone 4 of March 1623. to do his best offices with the Duke of Saxony, declaring reciprocally:  

Declaration of the Duke of Bavaria to execute the Electourship:  That since it pleased his Imperial Majesty to think it necessary for the common good, to confer the Electoral Dignity, then vacant, upon him, and that in such a form, as preserved the Right of Agnation and interest therein, He had submitted to His Imperial pleasure, and was ready by the help of God to confirm Himself, and all his actions, to what the Golden Bull, the Electoral Dignity, the laws of the Empire, and more particularly, the sanction of Civil and religious peace did require.  
Whereupon the elector of Mentzes began to deal with the Duke of Saxony, and many reasons to persuade Him, to acknowledge the Duke of Bavaria for Coelectour as appeareth by his letters from Ratisbone the 11 of March 1623. from Aschaffenburg 7 October 1623. Item the 3 Novemb. & 8 December of same year, as also from thence of the 13 February 1624. sent to the elector of Brandenburg. Moreover the Emperor himself pressed the said Electours by many messages, and exhortatations, wherein He used the Marquis Ernest of Anspach, and principally the Baron Hannibal of Dohna: yea, and to make the matter the more easy, the elector of Mentz took a journey to the elector of Saxony, in person: Insomuch that after much writing, diverse conferences, specious arguments, and fair promises, the business was so fare advanced, that the elector of Saxony was at last disposed to consent, yet with certain limitations. And because the elector of Brandenburg still withstood, the King of Poland deceased, was set upon him, who by letters dated at Warsow 26 April 1625. exhorted him, not without some commination to allow of the said society: And the Duke of Saxony had a meeting with him to the same end, for, so He writeth to the Emperor from Setzenvoda the 4 of November 1626.  
That having often repeated unto the Marquis of Brandenburg the desire of his Imperial Majesty, and his own; and earnestly entreated him to tell him freely, whether He would acknowledge the Duke of Bavaria in the form prescribed: He found Him somewhat better disposed, than before; and hoped He had been won, but He well perceived, that He would not so easily declare his resolution, unless His Majesty would be pleased to summon him once again. Thereupon the Baron Hannibal of Dona was sent to the elector of Brandenburg in january 1627. to induce him to allow of the said reception, as appeareth by his instruction dated at Vienna 26 of December, 1626.  
The chief reasons, motives and promises, whereby the said Electours were overcome are contained in the Letters of the Archbishop of Mentz deceased the 7 Octob. 1623. and especially of the 3 November of the year, to this purpose: 
Letters of the elector of Mentz persuading the translation.  Whereas by experience of all times, the Electoral College hath been held as a foundation whereupon the head, as well as the members, and so the whole body of the Empire doth rest, so long as there is a rapture in the College, the General Estates cannot be united, and whiles they are in division, the troubles of the Empire can never be appeased. It is therefore necessary before all things, to cure & unite the College, and knit the Electours in mutual concord and affection, for a time at least, if not for ever. To which end my opinion is, that the expedient, which his Imperial Majesty graciously ordained at Ratisbone about the Palatine Electorate, be approved of us all, if not absolutely, at least with such restitutions, whereby both the Electoral houses of the Empire, and the next of the said Palatines Agnation be fully secured from the apprehension of any prejudice. To prevent which, if any were to be feared, I should hope that neither His Imperial Majesty, nor if need were, the elector of Bavaria, would think it unfitting to grant letters of Recognisance, thereby testifying, that the said Translation shall in no wise derogate, to the Feodall Rights of Princely or Electoral houses, nor to the ordinances of the Golden Bull, nor yet to those, to whom after the outlawry of the Count Palatine, the said Electoral Dignity doth of Right belong, whose claim after the death of the elector of Bavaria, shall remain whole and inviolable. This would be the only remedy to save all men's pretensions to uphold the Electoral pre-eminence, to heal the breaches of the Empire, to quench the fire of war, and prevent the kindling of it by restless men. In another letter of the said Archbishop of Mentz to the elector of Brand. the 13 Feb. 1624. he averreth: That the present subsistence of the Empire depended wholly upon the reuniting of the Electoral College, without which it was impossible to quiet the Empire. And in the Baron of Donas foresaid Instruction, it is alleged: That since a public peace and union in the Empire is altogether hopeless, 
The Emperor's Instruction to the Baron of Dona sent to the elector of Brandenburg about the Translation.  without it be first redintegrated in the College; ye shall therefore in Our name, require the elector of Brandenburg, not to separate himself any longer from the rest of his fellows, nor to make a rent in the most supreme and secret Council of the Roman Emperor, thereby to foment the combustions of the Empire, which can only be assuaged by the joint Council and concurrence of the Electoral Body. But ye shall let Him known, that by acknowledging, and receiving the Duke of Bavaria for a Coelectour in the College, He shall show his zeal, and affection (according to the confidence we have conceived of Him,) not only to uphold our Imperial greatness, but also to conserve the sacred Empire in the Bond of peace and the rather, because by this means the amiable times of meetings and assemblies, will again be restored both in the College of Electours, and in public Imperial Diets, to his immortal praise and honour, having contributed so much, to the long desired weal, and tranquillity of the Empire.  
These were the most pregnant Arguments, then alleged, to the said Electours of Saxony and Brandenburg. Since which time, common experience hath manifested to the world, whether by translating of the Electorate, or introducing the Duke of Bavaria into the College, the peace so much pretended, hath been sought, or established, or else instead thereof infinite hatreds, mischiefs, miseries, and bloody desolations, have not been raised to the ruin and extirpation of the Empire. That all men may therefore know, with what zeal and solidity, the said Electours of Saxony and Brandenburg opposed, from the first beginning, both the Ban published without their knowledge, or assent, and also the translation grounded thereupon; as likewise with what limits and reservations they received the Duke of Bavaria into the Electoral Fellowship; We will first produce the suffrages, of their Ambassadors, at the Diet of Ratisbone 1623., upon the points of Proscription and Translation, as they were presented to the Emperor, and recorded in the Chancery of the elector of Mentz 18 of Feb. 1623. Thus ran the suffrage of the Saxonians: 
Suffrage of the Saxons, in the Diet of Ratisbone against the Translations.  Concerning the proceed of the Ban, and execution therein decreed, against the Count Palatine; the elector of Saxonies' Highness leaveth that apart, as a thing done against his Council, and without due form of proceeding. Forasmuch as the matter being of such importance touching a member of the Electoral College, and drawing with it the destruction of the Empire, the votes and advice of the whole College should first have been required according to the form of Capitulations, in that case providing; That no Prince or elector should be outlawed without a legal hearing and just form of proceeding, and who will look unto the examples of Magdeburg and Gotha, no more but Towns, which were proscribed in Imperial Diets, held at Augspurg under the Emperor Charles V Ferdinand I. Maximilian II. in the years 1551. 1554. 1566. shall find, that former Emperors were wont to use such temperate Circumspection, that they first demanded the Council not only of the Electours and Princes, but of the whole Empire, before they proclaimed the Ban, or commanded execution. Concerning the Translation of the Electorate, his Highness doth verily think that instead of being a means to established a public peace, for which end, this Diet was assembled, it may prove a cause of greater division, and a firebrand of war, to consume the Empire. Therefore Hedeemeth the restitution of the Palatine (though upon due terms of submission) to be above all things necessary to obtain this settled peace; for the purchasing whereof, more regard should be had to the public, than to any other consideration. This being certain, that the Empire can never be quieted by rigour and extremity, but will rather be forced to keep in arms, and exposed to daily danger. Moreover, this Translation, although it concerneth a member of the Electoral College, and be the most weighty business, can fall out in the Empire; yet it hath been done, without their knowledge, and even in this assembly, only intimated unto them, as a thing concluded, without ever ask their advice, or approbation: A course never taken before this day. For albeit the examples of this kind, are so few, that only one is found; where the Electourship was translated for delinquency; yet we may therein observe another kind of proceeding. The case happened, in the time of Charles the fift, and in the person of Frederick elector of Saxony, who renouncing his homage, and obligation to the Emperor, his Electourship was promised and assigned to Duke Maurice in the Camp of Suntham, the 27. October. 1546. where the formal words declare, that the said promise was made by due course, counsel and deliberation of the chief States of the Empire. The 19 May in the Camp at Wittenberg 1547. the said Duke Frederick renounced the Electourship, and the 21. May passed a particular Act thereof, with Obligation. The 4. of june, of the said year, the Electourship, and Office of high Marshal, with all the appurtenances, was transferred upon Duke Maurice in presence of the Emperor, Electours, Princes, and foreign Nations, with power to make use of the Right and Title thereunto belonging. The 24. February 1548. the said Duke Maurice, was solemnly invested at Ausburg, under the Sky, and received into the Fellowship and Session of the College, by all the Electours, who by a special Act, testified, that all was done, by their knowledge and approbation: by all which circumstances, it appeareth, that the promise of the Translation, and the Investiture, of the said Electorate, was publicly done, in the presence, & by allowance of all the Electours. Besides that, it may further appear, how that by this Translation, the public peace, whereat it aimeth, cannot be attained. His Highness doth profess, that although the uttermost extremities should be used, yet neither the children of the Count Palatine, nor His Brother, and the rest of that Agnation, cannot legally be excluded, in regard of their innocency, from their claim and recover of the said Electoral Lands, & Dignities; and to show, that they have no mind to be deprived of their Right so long acquired to their House, the instances of the said Brother, of the Duke of Newburg, and of the other Palatines, by their Ambassadors here present, made to the Emperor's Majesty, and the Electoral College, do sufficiently testify. For this kind of Investiture, called in the Empire simultaneous, is of another nature and condition, than the custom of common Fees, being purchased and received in every man's proper Right, by taking an oath, and touching of a sword, whereof no man therein comprehended, can be further deprived, then for himself, and for his own offence: which truth is clearly exemplified in the person, of the Duke Mauritius, a forenamed: for although the Elector, Duke Frederick, was lawfully deposed, and His brother Duke Ernest, excluded by the Ban for their own offences; yet that tainted not the Duke Mauritius, who after them was the next of blood, & by that Right, succeeded: for it had not been necessary to have deprived Duke Ernest the brother by Ban, if a third party innocent, could have forfeited his Right by the crime of another: In Sum. Poenae debent tenere suos Authores; being a thing unjust, to take from any man, his inherent Right, who by no fault of his own had unrighted himself. This Law therefore, so long rooted, in the houses of Electors; and temporal Princes, cannot be dissolved without infinite prejudice, to them all; who for the crime of any one man, might be exposed, to the uncertainty of their claims and tenors, and disappointed of their natural Rights and Successions, although they were inculpable; which is a thing unfit to be counselled, and unanswerable to posterity. In another suffrage, of the said Saxonian Ambassadors, this is added. The reasons alleged by His Highness, the elector of of Saxe, upon the point of proscription, are founded upon the groundary Laws, whereupon the welfare of the Empire reposeth, and which are left as certain, stable, and immutable rules: from whence the Arguments, which are likewise drawn, are confirmed with examples; which plainly show, what great wariness the Emperors, Charles the V Ferdinand the I. and Maximilian II. deceased, used in publication of a Ban.  

Suffrage of the Brandemburgers against the same.  The Ambassadors of the elector of Brandenburg opined in this manner;  
They could not but repeat their former suffrage concerning the proposition, not being yet able to conceive, by what reason the Electours can be excluded from a business of such moment, that the good or bad Estate of the whole Empire dependeth thereupon. The Capitulation solemnly made, and sworn, requireth, that in all important cases, the Counsels of the Electours should be taken; and expressly prescribeth the manner of proceeding in any business, which might happily fall out between the Emperor, and Electours, or Imperial Estates. But although there had been no such public Capitulation, yet the affair of itself, is of such consequence, concerning an elector and his Dignity; that it ought not, to be sequestered from their cognisance and advice; and the rather, because, it chief touching the Emperor's house; the remission thereof to the Electours, would have cut off all occasion of jealousy or complaint; that His Majesty had been too hasty in His own cause. Besides, seeing that the form of a suit and sentence, is a part of justice; and that justice can be no wise better administered, than according to the Laws, enacted and established, it had been very just and necessary, not to have condemned, the Count Palatine, before His cause had been duly heard, after the custom of the Imperial Chamber. If it be replied, That the crime of the Palatine, was so notorious, as it needed not a formal suit; That will hardly hold water: for in the Capitulation (which, without all question, is a fundamental Law, and of strict observance) there is no such distinction found; and where it doth not distinguish, our part is, to be ruled. Albeit, the writings, which are abroad, seem to prove, that this, which is called notorious, is a particular case, and the proceed therein, do contradict the Royal Capitulation. Again, before such a sentence had been published, many considerations should have been had, and circumstances examined, specially those, which concerned the children of the Palatine, His Brother, and the next of that Agnation; all of whom, are, as yet, unaccused, and therefore much less convinced of any crime: And a little after: The Translation being of no less moment than the Ban, did questionless, alike belong to their deliberation; for as they were Electours, and States of the Emperor, so were they also of the Empire, and were therefore called, the props and pillars of the Empire; and if the Emperor cannot, by His own power, bestow any Fee, nor any Town, fallen in reversion, without the knowledge of the Electours, and Estates, how much more is their assent necessary, in transferring of so supreme a Tenure of the Empire, as is an Electoral Dignity. This would be too grievous and great a wrong to the temporal Electours, Princes, and Estates, to their children and blood; if without hearing of their cause, or privity of the College Electoral, they should be dispossessed of their Estates and Dignities, and deprived of their simultaneous and undeprivable Succession: Their Lord and Master hoped, that the rest of his Electoral Fellows, would never approve of such proceed, nor be a cause, that the condition of an elector, which hath always been of such sway, in the Empire, should become worse, than a Gentlemans in Poland; who cannot be proscribed, but in a Diet of the Kingdom.  
In the answer, which the Electours and Princes, assembled at Ratisbone, together with the Ambassadors of such as were absent, made unto the Emperor's Proposition, exhibited to them, the 30 of january 1623. This was represented in the name of the two Electors, of Saxe and Brandenburg. 
Answers made to the Emperor touching the Translation.  That, not to speak of the Count Palatines defence, these things ought to be duly considered, in the point of the Translation. First, whether those of His children, who before His Outlawry, were included, by the providence of their Ancestors, in the Electoral Right and Succession, can afterwards be excluded. Next, whether His Brother, guiltless of any transgression, who neither hath, nor could, by reason of his nonage, offend the Emperor? or whether the kindred, and next of His Agnation, that not only testified their innocency, but likewise their service, and fidelity, to His Majesty in these occasions, can be justly debarred from their pretensions.  
It was further represented, in the report of the Electours, and Princes, made upon certain points, of the Emperor's Proposition, the 15. February of the said year: The Suffrages sufficiently declared, what the opinion was, of the two Electours, of Saxe and Brandenburg, about the point of Translation. And albeit, these words (Without aught prescribing.) were inserted in the last relation, yet their Highnesses have thought good, to retract them, forasmuch as the said words cannot stand with the Capitulation, by which His Majesty is so fare, and formally bound, that this matter cannot be left to the freedom of His will. For it is expressly ordained, That no business of importance should pass, without the knowledge, and approbation of the Electours; and that no Estate of the Empire, should be Outlawed, without a due and formal hearing; Which Capitulation, being a fundamental, and unrepealed law, in the Empire, ought no more to be brought in question; but rather obeyed, than disputed. And because their Dignities, as Electours temporal, descended to their posterity by inheritance; They took themselves, to have the greater interest, and so the more obliged, to preserve the said Authority.  
Furthermore, to confirm the votes aforesaid, the elector of Saxe wrote to the Archbishop of Mentz, during the said Diet, 23 February 1623. to this purpose:  
We hoped, that our good and wholesome exhortations, grounded, not upon opinions, but upon the laws and examples of the Empire, would have found more credit than they have done; then, these ways, had not been taken, which must needs lead, to bitterness and trouble; of which, as we cannot approve, for the Reasons which ye know; so the mischiefs which may follow thereupon, will justify our innocence, though increase our grief. Sorry we are, to see such proceed in our days, and so hopeless of remedy: which maketh us the more constant to our former suffrages, that are registered in your Chancery; desiring nothing more, than that our sound and sincere remonstrances, may hereafter be remembered, when the events perhaps, will not answer to the designs. And a little after: What? if in the proscribing an elector, and placing another in his room, the advice of Electours be not taken, we see not, wherein consisteth that Authority, nor how it can be secured, not what it differeth from any other Estate. To allege necessity, or that the College shall incur no harm, is but a sleight excuse. For Capitulations are stricti juris, and admit no exceptions; or if any, the interpretations thereof belong to the College in Body, without which, all is in vain whatsoever is at the present promised. As for the Translation itself, we never thought it a way to peace, but rather to war, and could not therefore assent unto it. In which opinion, We are still the more confirmed, for as much, that since the establishment of the Golden Bull, the like example, hath not been found; and if we take that of Duke Maurice abovesaid, it declareth quite the contrary. Besides that clause, inserted into his Majesty's resolution, touching the Children and Agnation of Electours, in very umbragious, and may rather exasperate, than still the cause: for there is decided, that a third person innocent, may be deprived of his simultaneous Investiture, and lose that inherent Right, which is proper to himself, for the crime, which is proper to another. Where, hence will follow, that the Children and Agnation must settle their Right by arbitrement, and composition, and that, which was before clear and legal, will now become disputable and uncertain: but because this doth not alone import, the Palatine House, but all the rest of Electors and Princes, who have obtained the same Investiture by propriety, taking an oath, and kissing the sword; We must be so much the more careful, not to approve of such a fact, which may endamage the whole Empire.  
In another letter to the said Archbishop of Mentz, dated from Dresden the 10. of October 1623. the elector of Saxe giveth this Council: It was our true and sincere affection, first to his Majesty, as Head of the Empire, and then to all the members, which made us deliver those suffrages, in open Council, registered in the Imperial Chancery; whereby sufficiently appeareth, what means, we judged fittest to obtain a settled peace. But we have learned by sad experience, that since the said Assembly, where that Resolution was most hotly taken, which we esteemed most unpeaceable, all things in the Empire have grown worse and worse. And somewhat after. The restitution was propounded, for this regard; because the Ban, the execution and the Translation, which (as ye know) followed thereupon, were all resolved without the knowledge or assent of the Electours: which assent, is nevertheless, necessary, if so be the Capitulation may have any force, or the Electours be maintained in their Dignities: for you may easily judge, as a wise elector, and well versed in public affairs, That if, in such high matters, which concern the whole Empire, the advice of the Electours be not regarded, their pre-eminence will quickly fall, and their persons be abased, and the pillars of the Empire, and most inward Counsellors of the Roman Emperor will be vain titles, without effect. And so the Estates of the Empire, who cannot otherwise imagine, but that all, which passed in the College, is done by the Electours consent, may justly lay the blame upon them, which we beseech you not to draw, but rather to divert. We desire not, by this our opinion, to stir up tedious and fruitless debate, but only to discharge our oath to the Electoral College, and our care to posterity. For, suppose that the Restitution of the Palatine be laid aside, and all the rest of the proceed good and due; yet find we not, how the Kindred and Agnation, can be excluded, or their Right, streaming in their blood, made uncertain, or subjected to a Process at Law. Forasmuch as that Investiture, by which they succeed, is proper, and fixed in their own persons; who are no less bound to take a feodal oath, than the Possessor of the Fee: which Right, cannot be forfeited by the fault of another, but only by their own; otherwise, the innocent would be punished with the guilty; and loyal Liege-men, have no difference from disloyal, which would open a door to much Felony.  
In another Letter of the two said Electours of Saxe and Brandenburg, which they jointly wrote unto the Emperor, dated the 12 of March 1623. the confirmed their former suffrage, with these reasons:  

Letters of the two Electours, to the Emperor, jointly confirming the said Suffrage.  Since our Votes, and Opinions, proceed not out of passion, or suppose, to draw matters to delay; but are surely grounded upon nature, and equity, upon examples in the Empire, and upon these fundamental Laws, and Constitutions, which are so fare, from our power to change, or abrogate, that we are bound by oath, both to your Majesty, and to the Empire, to maintain them: We know not how to vary, or departed of jot from that Declaration, which hath been already made unto your Majesty, by our Ambassadors. For if we should resort in person unto your Majesty, that we might approve, what is passed; we should retract our former suffrages, and all the grounds before alleged; from whence, what else can be inferred, but that either our intentions, were not sincere, nor well advised; or that our Ambassadors had no Commission for what they said: Both which, would turn to our reproach, not only with the Princes living, (whereof many are of our advice) but also with those to come, and all Posterity. For as we willingly confess, that an elector, or Prince offending, may, and aught to be punished for his offence; so we hope, your Majesty will not deny, that the case of an elector, or Prince, should not be worse in their punishment, than a private person; against whom, how notorious soever the crime may be, the manner is not to proceed, without adjournment and open hearing. And herein, the power of your Majesty, is not called in question; but the manner of proceeding, observed, according to the fundamental Laws and Orders of the Empire. Your Majesty, well knoweth, that by the feodal Laws, when a difference ariseth, between the Lord and the Vassal, the case useth to be decided by his Peers, in Court, bearing the same name and Arms. How much more than should this be kept, in persons of greater Rank; That their advice should be required, who are the inward Counsellors of your Majesty; and of the same Dignity and Condition, with the Delinquent? Your Majesty is not likewise ignorant, what our Opinions are, concerning the Translation of the Electorate; wherein, we have at large, remarked the course of former times; and in the same persist. Neither can we conceive, how that Clause, annexed to your Majesty's resolution, which sendeth the Children, and Cousins, of the Palatine, to seek their Right, by Law and Arbitration, can avoid, delay, or advance the Peace. For, by that means, the Right of Agnation, which, out of all doubt, is inseparable from their blood, will become litigious, and that made liable, to an uncertain suit, whereof they cannot, in their own persons, be deprived, without their own misdemeanour: if therefore, we should personally assist, in that deliberation; how, when, or in what manner, the claims of the said Agnation might be friendly compounded; or for default of such agreement, might be decided at Law; we should not only approve, all that is passed, but draw upon all Electours, and Princes, who have the like Investiture, an irrecoverable wrong, for which, we could never answer, to the said Houses; neither can we conceive, how a judicious Court can be erected, to decide this point; since all the Electoral, and most Illustrious Houses, have interest therein. All these things therefore considered; That we could neither assist in presence, nor departed from the Suffrages of our Ambassadors, without prejudice to the Empire, and reproach to ourselves, we humbly beseech your Majesty, to admit of our excuses, and believe, that if we stood not bound by oath, and the fundamental Laws, and Constitutions of the Empire, nothing should hinder us, from giving your Majesty, free and faithful obedience.  
Now it remaineth to set down, with what form, limits, and reservations the two Electours of Saxe and Brandenburg, did at last acknowledge, and receive the Duke of Bavaria. The elector of Saxe writing to the Archbishop of Mentz, from Dresden, the 1. of March, 1634. declareth himself in these terms:  

Conditions under which the elector of Saxe allowed the Translation.  We agree with you; that nothing is more necessary, than the reunion of the Electoral College, whereby Diets and Assemblies may be called, to confer in Body, of all things expedient for public peace; at this we aimed, and this we pressed, in the late Diet of Electours and Princes at Ratisbone: our difference only was about the persons: for ye and the Ecclesiastical Electours approved the Translation, which we and the elector of Brandenburg partly, to preserve the Authority of the College, and partly the quiet and obedience of the Empire, utterly dissuaded. And although we propounded nothing, but what our oath, the Dignity of our rank, and common tranquillity required; and that all our reasons were so well grounded upon the laws, ordinances and examples of the Empire, that we need not , from our first mind and intentions: yet because ye and the Ecclesiastical Electours are of another opinion; That ye think the filling up of the College to be the only means to procure peace, and relieve the Empire, and that ye hope all wrongs and Innovations, may be prevented for the time to come, by Reversals or other means; We for our parts, should be unwilling, to give any occasion, that the Empire should longer groan, under those miseries & oppressions, which threaten utter destruction. And therefore, if the Rights of all Parties, may be so provided for, that none may suffer wrong, we are contented to redintegrate the College, by acknowledging the Duke of Bavaria for elector. But before he be put in possession, we think it needful, first of all, that all the Armies speedily dislodge, out of the Lands and Territories of the Electours, Princes, and Towns Imperial; whereby it may appear, that the said Duke be received, for respect to the Emperor, and zeal of public peace, rather than by constraint: which caution, is the more reasonable, because the troops of the Duke of Brunswick, and Count Mansfelt, are utterly routed and disbanded, and all the Evangeliks' have licenced their soldiers; so as there being nothing more to be feared, it would be unjust and against the laws of the Empire, to burden it with soldiers, when there is no war, and oppress those parts with superfluous charges, which live in quiet and obedience. Secondly, that letters of recognizance, be given by his Imperial Majesty, as also by the Duke of Bavaria; fully testifying, that neither the Ban of the Count Palatine, nor Translation of the Electorate, shall be any way hereafter alleged, to the prejudice of the Electoral greatness, and dignity: or of the Golden Bull; or Imperial Capitulation; or else of the Electoral Princely Houses, in their several Rights, and Investitures. Thirdly, that the Rights of all those, shall be no wise diminished, to whom the Electourship Palatine belonged, before the said Ban, or Translation; but that, in their several degrees, they may after the death, of the said Duke of Bavaria, be admitted, into their Rights, without delay: Upon these Conditions, we shall not refuse to acknowledge the said Duke, for the present; and the rather, because, whatsoever shall hereafter happen; the Suffrages, which we have delivered, in open Counsel, and which are inserted in the Records of the Empire, will bear us witness, to all Posterity; that we failed not, in due time, place, and manner, to represent all things, which our oath, and Electoral Office required.  
The elector of Brandenburg, in his answer given the Baron Hannibal of Dona, dated at Coningsberg 22 May 1627. thus declareth;  
The only cause, which hath hitherto stopped His Highness, from agreeing to the point of Translation, was, That he thought, it would rather sow, the seeds of discord, than be a bond of peace; and stir up foreign Arms, then quiet all at home; since, He hath found by experience, to the great loss and ruin of His Country, as well as other Estates; that he was not mistaken in his belief. But, forasmuch as His Highness understandeth, that His Imperial Majesty is out of hope, that the Empire would ever be appeased, unless the Electoral College be first unanimously conjoined, by the introduction of the Duke of Bavaria: That, on his part, he might further the Counsels of Peace, and Prosperity of the Empire; and avoid the imputation of future Calamities; His Highness is not unwilling, to bear respect, and obedience, to His Imperial Wisdom; and conform himself unto His will, by receiving, and acknowledging, the Duke of Bavaria, for a Coelectour, during his life, upon these terms and reservations. First, That he intendeth not, by this Act, any way to departed, from the Suffrage and declaration of his Conscience, made in the Diet at Ratisbone, touching the publication of the Ban, and Translation of the Electorate, thereupon ensuing. Secondly, That thereby, He will nothing derogate, from the pre-eminence of the Electoral College; nor from the Sanctions of the Golden Bull, nor Laws and Constitutions of the Empire; nor the Capitulation Imperial; nor yet from the Rights, and Investitures, of other Electoral, and Princely Houses; against any whereof, He meaneth not, that this His Act, shall be drawn in consequence. Thirdly, He purposeth not, in the least manner, to prejudice, by this His declaration, the Cause of the Prince Palatine, nor His Children, Brother, Blood, or Agnation; much less to contribute to their exclusion, or any was to charge Himself, with the Palatine Cause.  
We are not ignorant, that near, twenty years ago, and now afresh, since the Translation of our Electorate, certain rumours have been spread abroad, especially, in the Courts of foreign Princes; as if the Electoral Dignity, had of old, been an exed to the House of Bavaria, and not of the Palatinate, and that heretofore, Contracts of alternation, had been made and observed, between both Houses, that they should enjoy the Dignity, by turns: All which, hath been forged to this end; that it should not seem strange, that the Session, and vote Electoral, which had been so long neglected, by the Predecessors of the Duke of Bavaria, should be restored by his industry, and return to the proper house: Not to enter into the debatement or this Cause, which is a digression from the purpose; nor to repeat that, which persons of quality have published, to refute this vain pretention; we will wholly refer ourselves to the Golden Bull, as to that supreme and fundamental law, which can only determine this cause; whereby it will appear, whether the Electorate, belong to the Bavarian or Palatine Line; and what is to be judged of the pretended part of alternation, In the 7. Title, thus we find it:  

Law for entailing the Electourship, upon the Palatinate, and not on Bavaria.  Since therefore, it is commonly known, to almost the whole world, that the King of Bohemia, Count Palatine of the Rhine, Duke of Saxe, Marquis of Brandenburg; have by reason of their Kingdom, and Principalities, the Right, Suffrage, and Session, to choose, with the Ecclesiastical Electours, a King of the Romans, and install him Emperor: And that they are therefore established, as true Electours of the Empire, with authority to make Elections, etc. And in the beginning of the 20. Title; Whereas, all and every one of the said Princedoms (by virtue whereof the Temporal Electours have full power, right and suffrage, to elect the King of the Romans, and make him Emperor) together with their rights, functions, dignities, and appurtenances are so straightly knit and united, etc.  
By another Edict of the Emperor Charles the 4. who enacted the Golden Bull, the same was confirmed Anno 1356 in these words: That the right of Election, was annexed and founded upon the County Palatine; his Imperial Majesty, and all the other Princes, had certain knowledge, and no doubt was to be made thereof. And a little lower: For as much as we firmly know, that the voice and Power Elective are founded with such right in the lands of the County Palatine, and office of high Truckcesse, that the one cannot subsist without the other. To this may be added, That the Count Palatine, by reason of the Palatinate, and not of the Duchy of Bavaria is, provisionally, the Vicar of the Empire, as the Golden Bull clearly ordaineth in the 5 title. As often as the Empire shall fall in vacancy, the most Illustrious Count Palatine of the Rhine (by virtue of the Electorate and Princedom Palatine) shall administer the affairs thereof in place of King of the Romans, over all the Countries of the Rhine, Suevia and Franconia.  
True it is, that Ludo vicus, the Bavarian Emperor, having banished and dispossessed his elder brother, Rodolph, elector Palatine, because He had given his voice and assistance to Frederick the fair, Archduke of Austria, against himself, he laboured to impose upon the children of the said Rodolph, restored after his death, such a covenant of alternation: but as it was attempted without right or reason, so it never had effect: for the Bavarian Line cannot produce one sole example, that ever executed elective power; and all their pretensions were fully rejected, and nullified by the Golden Bull; whereas in the Palatine House, the said Right and Dignity, hath remained, without any interruption, having for the space of three hundred and odd years, assisted as Electours and high Truckcesse at the Elections and Coronations of thirteen Roman Emperors one after another.  
And here the occasion offereth itself, to remember without boasting, the merits of our Predecessors and Palatine House, not only in the Empire, and all Christendom; but especially towards the House of Austria; which hath been oftener exalted to the Imperial power, and great nesse by our Ancestors than any other, though many times, to their own disadvantage. The example of Rupert Count Palatine King of the Romans, showeth with what zeal and courage, He governed the Empire, and pacified the trouble thereof: Philip and Frederick II. Anno 1530. valiantly defended the City of Vienna against the Turks, neither sparing their Estates, nor their lives. Particularly, the said Frederick did divers great and useful services to Charles V and his brother Ludovicus was the chief cause, that anno 1531. Ferdinand the first was elected Emperor at Colen, notwithstanding, that john elector of Saxe, protested against it for his son. Rodolph of Haburg might next to God, thank Lodowick, elector Palatine, by whose means He was made Emperor, who was the first that began to advance his house, and transmit the Duchy of Austria to his posterity. The same Lodowicke stood alone, against Adolph Count of Nassaw, who by all the rest was chosen Emperor, and mightily laboured, to bring in Albert of Austria, son of Rodolph. Rodolph elector Palatine choose Frederick, Duke of Austria, Emperor, against Lodowick of Bavaria, his own brother, which cost Him as is said, his Dignities and Estate. And it is well known, that the late Emperors Maximilian the I. Charles V Ferdinand I. Maximilian II. Rodolph II. and Mathias have received no small assistance, and good offices, from the Electours Palatines our Predecessors, to attain the Crown. Here also may not be forgotten, how true and sincerely, Our most honoured Lord and Father, dealt with the present Duke of Bavaria: not only visiting Him in person at Munchen, Anno 1618. using all free communication with Him, but also, not long before His journey into Bohemia, recommending to his trust his Countries and Estates, as to one in whom he had most confidence; who also at that time, promised all kind of good neighbourhood, and to do no displeasure, as appeareth by their mutual letters. But especially, when Our said Lord and Father, to make him feel his entire affection, gave him his Electoral voice to be King of the Romans, Anno 1619. in these words: Having ever in Our heart desired to see Right and justice duly administered in the Empire, all disorders and oppressions removed, and the causes of foreign war prevented, We have among all the Potentates, Electours, and Princes, fixed our thoughts upon the Duke of Bavaria, as upon a Prince, wise, peaceful, full of experience, governing His own Estates in quiet, and not engaged in any war; which We propound, not out of disaffection to any of the forenamed, much less to the House of Austria, which hath often felt and found the good offices of our Electoral House; but only as we conceive the course of the present affairs, and that according to Our oath, And therefore, in the Name of God, We give Our voice, to the said Duke of Bavaria.  
All which, being in itself, clear as the day; we cannot, but think it very strange, that, without taking notice, of the aforesaid demonstrations, the proceed against our dear Lord and Father, ourself, Brethren, Blood, and Agnation, have been carried with such rigour, and animosity; taking from Us, without all form of justice, what God, Our birth and Right hath given Vs. But that, which grieveth Us most of all, is, That not contented, with those exorbitant, and dangerous innovations, the pretended Translation, of Our Electoral Voice, Place, and Function, with all that thereon dependeth; hath again been ratified, and confirmed upon the descendants of the Duke of Bavaria, and his brothers, and upon the whole Line of Duke William their father, deceased. Notwithstanding, that it was granted to the said Duke, for the term of his life, as the Electours of Saxe and Brandenburg were assured, who gave their assent for no longer time. By which violent, and peremptory proceed, that, which at first, was but oppression; and might have vanished with time, will now put on the face of Law, and be made perpetual. Whereby, We, Our brethren, blood, and Agnation, may be, for ever, deprived, in Our spotless innocence, of all the ancient, and inherent Rights of Succession, Reversion, and simultancous Investiture, inseparable from Our House; And that without all bounds of justice, or form of Law; unaccused, unheard without the knowledge, and assent of the Electoral College; and to the infinite prejudice of all Electoral, and Princely Houses, who may read their own story in Our Oppression.  
Indeed, our most honoured Lord and Father, was in His life time advertised; that the perpetuation of Our Electorate, in the Line of Duke William, had been long ago projected, and more specially, in the late Electoral Diet at Ratisbone. We have also heard; That, hereditarily, an Investiture was promised, under Seal, to the Duke of Bavaria; and that to dispose, the Electours, of Saxe and Brandenburg, the more easily to consent; the peaceable enjoying of the Ecclesiastical goods, would be granted to them, for forty years. But these things, being so directly contrary, to the former assurances; to the declarations of His Imperial Majesty; to the protestations of the two temporal Electours; to the reversalls of the Duke of Bavaria; to the Golden Bull; to the fundamental Laws, and to all Right and equity; We did forbear, along time, to give any credence to them: Till in the last Treaty of Prague, between the Emperor, and the elector of Saxe; We find, the Translation of Our Electoral Dignity, with all the dependences, to be settled, and entailed, upon the Line of Duke William; for ever; and to be received, and approved, by the two said Parties Treating, as an Article of Peace, and a Case clearly decided.  

The Case in Law, that the Electourship can neither be forfeited, nor translated, but only by failing in blood.  But, for the better understanding of this Point; we must know, That the Electoral, and Sovereign Estates, which hold in Fee, upon the Empire, are fare more transcendent, than common Tenors of Inheritance. It is true indeed, that Lands and Lordships, which descend by inheritance, from the last Possessor, to the next heir, are subject, to many changes; They may be sold, mortgaged, alienated, attainted, confiscated, according to the several Reasons and Statutes of Law; and all to the prejudice of the lawful heirs: But Electoral Tenors (so long as the State of the Empire standeth) are warranted, against all these kind of changes; and but in one only Case, are immutable, and unreversable to the Empire, and that is for deficiency of male Issue, by the Father's side, and extinction of blood; For when the Estates of the Empire, found it at the first needful, for the policy and peace thereof, to erect the Electoral College, and invest the three Houses, of the Palatinate, Saxe and Brandenburg, (which at that time were Sovereign) with the power elective, there passed a Contract between the said Houses, and the Empire; that the said Electoral Dignity should remain rooted in them, and descend, from Father to Son, and so to the next males of the Father's blood; comprehending all, that should hereafter be borne, as if they had been then extant: and enabling them to succeed, in their own proper, inherent, and unalienable Right, for ever. This stipulation, in the first Investiture, hath been a leading Rule, and Precedent, for all after times; wherein, it hath been, the constant use, and practise, in the Empire, to keep up the same form; and in all Electoral vacancyes, to admit, and invest the next of the male blood, without rub or interruption. This Custom, hath received strength and authority, in the Empire, for the continuance of times, from the foundation of Laws; from Covenants, and Capitulations; from trial and experience; from the approbation of all Estates; and from the reverend esteem, and inviolation of itself, till these present times. And for further declaration, of this ancient Right, and Regality of Succession, in Electoral Houses; it hath been a maxim, and opinion, delivered in all Ages; that they succeed, not by right of inheritance, nor by any will, or disposition, of the last possessor, but by the providence of their Ancestors, and by Covenant made with the first Contracters, whereby the Right of every male, who should appertain to that Stock and Lineage, to the world's end; was actually included; not only as pretenders in their own time, but as Compossessours from, that present. From which infallible grounds, these consequences naturally will arise. First, that it is not in the power of any Father, or possessor of these Electoral Lands, and Dignities, to alienate, or engage them, to the prejudice of their Blood, though it were to pay a Dowry, or redeem a Captive, or for any other extreme necessity; the reason is, because they have no further right in them, then during the life of their own persons, and cannot therefore alienate the right of others, who by their decease, step into their place, by surrogation, and not inheritance. Secondly, no Predecessor, nor Father, can by any Felonious crime whatsoever, though it were of the highest treason, attaint the blood, or forfeit the Right of his Successors, who are not guilty of the same crime, because their claim is not from their Father, but from their Stock, invested in their birth and blood, and by Law irrevocable. Thirdly, the Emperor being only upon certain Conditions, by choice, not by nature, Administrator of the Empire; on which, these Electoral Dignities, and Estates do hold, hath no direct power, or dominion, over these Tenors, all He can do, by the uttermost of Law, is to lay His Action against the right of the party offending; but not against the Right of the rest, which resideth in their innocent blood, and is locked up within the bars of immutability, as too noble and precious a gift to depend upon the fact or keeping or inheritance of any possessor.  
Since therefore as well the Electoral claim, belonging by Covenant to our House, as the natural and lawful possession of our Estates, and Regalities are delivered by our Ancestors, and devolved upon us, as the first in blood, no earth by power whatsoever, can call them into question, or deprive us, our brethren, or Agnation of our right, and much less transfer it to any other, without rearing it out of the faith full custody of ancient Covenants, stable laws, and venerable customs, and obtruding foreign plots and innovations, and making an irreparable rent in the frame and body of the sacred Empire.  
Had we, our brethren or blood been as guilty of crime, as we are jaded with punishments, yet if any respect had been shown to the ordinances of the Empire, to the Capitulations of Emperors, or to the grave and solid remonstrances of the two foresaid Electours, we should at least have been tried by the law; but since the proceed against us, in our tender innocence, hath been no less extreme and rigorous, than if we were the most obstinate enemies of the Empire, and highest delinquents against His Imperial Majesty, we doubt not, but God, in whom we trust, and who is judge of all, will do us right, and when he pleaseth, pronounce his sentence, according to the justice and equitle of our cause: In the mean time, we hope, that all Kings, Potentates, Electours, Princes, Estates and Persons whatsoever, that free from partiality, and void of passion, shall examine these violent and precipitious proceed, by our blameless innocence, will not only be touched, with a sense and compassion of our case, but will esteemethem all as vicious, and unjust, and of no force to prejudice our Rights, unto which God and nature, the consent and sanction of the whole Empire hath entitle us. And that the rather, both because nothing to this day hath been, nor can be laid, to the charge of us, or our brethren, as criminal, against the Estates and laws of the Empire, or his Imperial Majesty, as for that, the seizure of our prerogatives, the detention of our Estates, the translation of our Dignity, and the present perpetuation of all, like so many links of usurpation, were contrived and compassed in the time of our nonage, whereby we could not sooner protest, nor oppose, nor vindicate our Rights, nor cuter into the government of our affairs, till now that we have attained our Majority. Hear we may note, that if the two Electours, of Saxe and Brand enburg, judged at the first, that the translation of our Electourship, though but for a time, and restrained only to the person, and life of the Duke of Bayaria, would not withstanding be injurious to the pre-eminence of the Colledgre Electoral, and to all temporal Princes, as depriving innocents of their inherent, and simultaneous Right, invested in their blood, and planted in their Stock against all the laws, Rights, forms, and customs of the Empire, and would therefore in stead of peace, be a cause (as the events have shown) of further exasperations, and of cruel wars, which might waste the Empire. How then can they but resent this present Act, whereby, without suit and try all, We were condemned in Our minority, when we were neither indicted, nor could be guilty of any crime, and Our Estates and Royalties translated from Us, our brethren and Agnation, to the Line of Duke William, fare removed, and that for ever. And what else can they judge of it, but as of an attempt and conspiration never heard of, not only to fill the Empire with mistrusts, factions, hatreds, and utter desperations, but likewise to outrage the fabric of the State, and undermine the very foundations, that upon the rubbage and slavery of the same, might be raised a new and absolute Domination.  
As long therefore as the Electoral College, shall be reputed the foundation of the Empire, and the Golden Bull, the Imperial Capitulation, and the Constitutions of State, for inviolable laws, whereby the whole body should be governed, and knit together, so long can neither We, Our Brethren, nor Agnation (altogether innocent and inculpable) be deprived of Our Estares and Dignities without manifest rapture of all Right, and open violation of ' humane peace and society. Neither is it sufficient to allege, the success of arms, and victories gotten in the field, for a proof and testimony of the justice of their cause, for then the condition of Christians, and truth of the Religion we profess, would be much worse than Turks and Mahometans: And if any think, that their designs be so smoothly carried, and their strength so great, that they may dissolve, change, and dispose of all things, as they lift, without the fear of any foreign opposition, let them know, that there is no Council against God, nor might against his providence, which hath bounded the thoughts of men, and set a period upon their power; and albeit they may surmount humane vengeance, and outward force, yet great oppressions never want an inward worm, to gnaw down the pillars of pride, and lay them in the dust, even as it shall please him, who raiseth and disposeth Princes and transporteth Kingdoms for unrighteousness.  
Let every one therefore in his own impartial judgement consider from the public Acts and authentical letters of his Imperial Majesty, from the suffrages and other documents of the Electours and Princes temporal, from the infinite and untolerable wrongs, disgraces, and oppressions of our House, whether we have not just cause to publish our Complaints against these unjust proceed, and to protest against them before God and the world. And therefore we do by this present and public Manifest in the best and most solemn form, according to all Right and custom withstand and protest against them, and every one of them, leaving this our Protestation, as a perpetual witness of the outward injuries done against our Right to this Age, and all posterity.  
And as we are thus forced to protest against our wrongs, so we do freely profess in the sight of God, and upon our Conscience, that whatsoever hath been recited, alleged, urged, or proved in this Manifest, is only for the defence and evidence of our just cause, and for the maintenance of our proper and inherent Rights, devolved to us from our Ancestors, and not any way to black, or despite, or offend any living soul of what condition soever.  
These Asseverations being done, we make our recourse unto Your Imperial Majesty, to all Kings, Electours, Princes and Estates, as to the Dispensers' of justice, Protectors of Innocence, and Guardians of oppressed Orphans here below. We appeal â Caesare male informato, praeoccupato & irato, ad Caesarem, Electores & ordines Imperii, tan quam Pares Curiae, melius informandos, & affectibus vaevos, and humbly beseech your Imperial Majesty, That if Our innocence will not move you, ye would be moved with yourself, and call to mind, your own final resolution, which ye gave to the Electours and Princes, at the Diet at Ratisbone, the 23 February 1623. Wherein, ye were pleased, to promise, and declare; That ye never intended, neither was it your will, by any Act, which was passed in the Palatine Cause, to cross, or prejudice the preeminence of Electours; nor your own Capitulation; nor the Golden Bull; nor Constitutions of the Empire; nor, for that business, to take, or entrench, from any, the Right, and due, which to any belonged. By virtue of this, your Imperial Declaration, confirmed since, to diverse Princes, within and without the Empire; as also, for those many instances, and mediations, made in Our behalf, We again beseech your Majesty, to restore Us to Our Rights; to Invest Us in Our Electorship, and Estates; and to protect Us in the same, as a most faithful, and eminent member of the Empire; not suffering any hands, to withhold Our Right, nor trouble Us, in the lawful possession of that, which God and Nature hath appointed Us: Whereby, ye shall imitate, the best examples of your Predecessors; who, upon better informations and advice, have left the ways of rigour, for the ways of peace: And so, ye shall use that high power, committed to your trust, to still the present storms, to repair the breaches, heal the fractions, and wounds of your own members; and to establish the Empire, in peace and unity, which is now falling to desolation.  
And that our own requests may be the better seconded, we entreat all Kings, Electours, Princes, and Estates, that they would employ their Power, and send their exhortations, as in all places, where they shall think it available, so especially with His Imperial Majesty, and the Duke of Bavaria, to the end, that being put into the peaceable possession of our proper Rights, and Electoral and Ancient House, which hath produced Kings and Emperors, and done such services both to the Austrian and Bavarian House, and stood so long a prop and pillar of the Empire, be not razed nor demolished in our days, nor We and Our blood, which spring up within the walls thereof, to be driven to desperation, nor seek Counsels from Necessity. Wherein, as they have all some interest, either in regard of that reproach, which our injuries and affronts unredressed, may cast upon them, with most of whom, we have the honour to be allied, or else for the consequence, which may fall upon themselves, if this fire be not timely quenched: so they shall labour in a most Christian work, pleasing to God, and glorious among men. Which we desire of them, with this further assurance, that our carriage and intentions to His Imperial Majesty, & the whole Empire, shall be ever sincere, loyal, and respectful, Zealous to remove jealousies and distrusts, to confirm friendship, and intelligence to preserve the rights and authorities of all, and with our power to establish public peace, and advance the good of all Christendom. And for themselves, They shall lay an eternal obligation upon Us, our brethren, and our whole House, upon all occasions, to acknowledge this their favour, and by the faithful offices of our friendship and vicinity, to make them thankful retribution.  
And for conclusion, to close up all, We do hereby summon and exhort, all our Liegemen, Vassals and Subjects, that hold in fee on our Electoral House, in due time, not to fail of doing homage, faith, loyalty and obedience unto us, as to their natural Lord and Prince, hoping that every one of them, will be careful to discharge their bonds and duties, and take heed of failing, under the Censure of the laws, by any felonious or disobedient act.  
Hear shall end our present Manifest, which for defence of Our inseparable rights, and information of the whole world we were fain to publish, by inevitable necessity.  
Given at London the 12. of january, 1636. Charles Lodowicke, elector.