A MANIFESTO Of the most SERENE PRINCE CHARLES LODOWICK Count Palatin of the Rhin, and Vicar of the Holy Empire, Containing his ancient and Patromoniall Right to the said Vicarship within the Circles of the Rhin, Suabland, and the Franconian Territories. Wherein there are divers reflections upon the Aurea Bulla and the fundamental Laws of the Empire. Concordat cum originali in latin I du pont Fiat Justicia, et ruat caelum, Multò magis Imperium. LONDON Printed for Richard Lownds at the white Lion, near the little North door of Paul's, 1657. The Manifesto of the most gracious Prince Charles Lodowick Count Palatin of the Rhin, and Vicar of the holy Empire; Containing an Abridgement of the Reasons for his Right to the Vicarship of the Empire, within the Circle of the Rhin, of Swabland, and the Franconian Right. IT would without doubt be superfluous to make a Discourse extend too long to demonstrat, that the Vicarship of the Empire within the Circle of the Rhin, of Swabland, and Franconian territory, appertains by the decease of the Emperor Ferdinand the 3, unto the most gracious Prince Charles Loduick, Elector of the holy Empire, etc. In regard 'tis a Right which the Testimony of all Historians, the constitution of the Golden Bull, the Letters and Patents of Emperors, the inveterat Custom and Examples of his Ancestors, the last Instrument of Peace concluded at Munster, and Osnabrug, and in a word, the Public knowledge, and fundamental Laws of the Empire do put him in possession of; In so much that it is supervacaneous to seek for proofs or reasons to maintain the truth of it; Now those proofs are warrants so well known, and so clear that we need not turn over many Books, or consult with the Archives of the Palatin Chancery, or to allege the authority of Authors whereof they are full, to this purpose, there being documents, and rules so evident in the point, that there cannot be more holy, and more authentic for this purpose in all the world. Notwithstanding in regard there is nothing so inviolable, and sacred either by its own authority and right, but it may be controverted, It is just to satisfy the ignorance of some, the curiosity of others, and the public interest herein, which we shall do in few lines. To which effect we must mark at the first entrance that which was sufficiently proved elsewhere, and made free from doubt to all those that have any knowledge of History in times past, that this dignity of the Vicarship of the Empire was acquired by the ancient Count Palatins of the Rhin time out of mind Vigore Praefecturae Praetorii, Maioratus, domus et palatii Comitatûs Palatini, as Counts and Maires of the palace, whose rank and dignity are too well known to be expressed at large in this place. And 'tis no wonder that this so eminent charge, giving them the prime rank, & principal authority in the Court of their masters, with the general intendency of their affairs, and of justice, and that by virtue of this rank, and this authority they were establishd either in their absence or by decease in the administration, and regency of the Empire; hence it proceeded that they had the Vicarship of the Empire which was establishd in the house of the Count Palatins of the Rhin. In the second place this Right was acquired by the Count Palatins of the Rhin not in paper or parchment only, but it was put in practice and exercisd by a great number of them before the creation of the Electors, and a great while before the constitution of the golden bull, which is evident by the example of Conradus after the death of Henry, and of Lewis after the death of the Emperor Rodulphus the first, & of Rodolp father in law to Charles the fourth, and of Robert the elder, all Count Palatins of t●e Rhin. Moreover the Emperor Lewis of Bavaria in his constitution publishd at Frankfort in the year 1339. to show at one time the ancientness, as well as the practice of this Right, speaks in these terms upon this subject, Quod longâ et probata consuetudine inconcusse à Majorum observatione retrò observatâ vacante Imperio jus administrandi Imperii jura, feuda conferendi et caetera negotia disponendi Palatino Rheni debeatur, viz. that by long and approved custom observed constantly by our Ancestors, the right of administering the Empire in the vacancy, the letting of leases, conferring of fees, and the disposing of all other affairs is due unto the Count Palatin of the Rhin. In the third place this Right hath been authentiquely confirmed to the Count Palatins of the Rhin by the golden Bull made by the Emperor Charles the fourth, which serves for a Rule and fundamental law of the Empire, wherein having first treated of the duty, and dignity of the Electors in general, it is formally, and in express terms specified in the 5 title called de jure Comitis Palatini, et Saxoniae Ducis, Quoties insuper, ut praemittitur, sacrum vacare continget Imperium, Illustris Comes Palatinus Rheni, sacri Imperii Archidapifer ad manus futuri Regis Romanorum in partibus Rheni, et Sueviae, et in jure Franconico, ratione Principatus, ceu Comitatus Palatini privilegio esse debeat Provisor Imperii, cum potestate judicia exercendi etc. which is to say, whensoever it shall happen, as 'twas said before, that the holy Empire shall be vacant, the Illustrious Count Palatin of the Rhin, Archsewer of the Roman Empire, in the place of the King of the Romans, by privilege ought to be Regent or Vicar of the Empire, within the Circles of the Rhin, of Suabland, & of the Franconian Right, by virtue of the Principality or County Palatin of the Rhin, with power to execute judgements etc. In the fourth place in the golden Bull of the Emperor Sigismond 'tis specified, Electores, et Comites Palatinos diuturna temporum praescriptione inconcussè habuisse Uicariatum Imperii, & possedisse legitime, viz. that the Electors, and Counts Palatins by long prescription of time had constantly the Vicarship of the Empire, and legally possessed it; It appears also by the letters & patents of the succeeding Emperors until Ferdinand the second, as also by the examples of Robert, Lewis, Frederique the victorious, Philip, Lewis, Otho, Henry, John Casimer, and Frederique the fifth his now Elector at Highness' Father Charles Lewis, the said Counts Palatins of the Rhin since the time of the golden Bull, and following the customs of their Ancestors have been confirmed in this privilege in the knowledge and sight of the Empire, and exercised the said office without any contest. In the first place by the Instrument of peace concluded at Ofnabrug, and Munster, his electorat Highness Charles Lodowick having been formally put, & re-entered in the possession of the Palatinat of the Rhin, with all & every of his Rights, royalties, Prerogatives & privileges which appertain unto him, all which the Counts Palatins of the Rhin enjoyed before the last war of Bohemia, and having in order thereunto received the investiture in the year 1652 of the Emperor Ferdinand lately dead in the same terms, It follows, that, without any matter of doubt, he was restored thereby to the possession of the right of the Vicarship which is an inseparable dependency of the Palatinat of the Rhin, which cannot be questioned with the least appearance of justice, & without the violation, & manifest breach of all that may be called sacred, or authentical in the Empire. And although in the same instrument of peace the Electoral dignity of the Counts Palatins of the Rhin as also the upper Palatinat with the County of Cham hath been transported to the house of Bavaria, with all the royalties, Rights and privileges thereof, and that by virtue of this Transport the Elector of Bavaria pretends by his patents to have right to the Vicarship, There is none but may see by the reasons and authorities that shall be alleged the small foundation which such pretensions have, and consequently what consideration is to be had in this rancounter. It is therefore to be observed, first, that not alleging any other proof for his pretnded Right to the Vicarship but the said Instrument of peace, he doth witness himself thereby that this Right doth naturally belong unto the Counts Palatins of the Rhin, and not to the Dukes of Bavaria, and that no special exclusion, or any formal concession whatsoever is able to deprive the one, or establish the other in any such right. In the second place, 'Tis not said in that Instrument of peace, that all the rights and prerogratives of the Electors, and Counts Palatin of the Rhin are transported to the house of Bavaria, so that he may draw any consequence thence to this purpose, but only such Rights that are annexd to the Electoral dignity alone, whereof he can make no advantage for his present pretention. In the third place, It is not sufficient only to allege in gegeneral terms, and attribute to himself the Investiture of so Eminent, and considerable a Dignity, but an express and solemn exclusion should have been used (as it is in other articles of lesser consequence) to deprive a House of the possession of a Right of this nature which hath been appertaining unto it so many Ages by a peaceable and entire possession, confirmed by so many public and authentic Acts, and fortified by so many examples: Nor can he assume to himself that Right without a manifest contravention and breach of the Treaty, or Instrument of peace which makes no mention thereof at all, and which doth re-establish his Electorat Highness Charles Lodowick in the Rights and privileges which the County or principality of the Rhin can claim from his Ancestors. In the fourth place, It it is not only by the said Instrument of peace, and the vigour of the general Amnestia, which annuls all matters passed, that his Electoral Highness claims a continuance of this Right, but also by the express Investiture of divers Rights which his Electoral Highness received from the late Emperor Frederique the third, which rights draw their original and source only from the dignity of the Vicarship of the Empire, as Jus succedendi in bona liberorum ex illegitima coitione naterum; Jus capiendi, et sibi ad dicendi in proprietatem, & servitutem eos qui sine dominio et lare aberrant etc. ny, as the title doth intimate, and as 'tis treated in the text itself, which hath been ill translated into Dutch, and against the tenor of the express terms of the original. Furthermore, It is to be considered, that as this dignity of Vicarship of the Empire, hath been appropriated to the Count's Palatin of the Rhin, by virtue only of the Principality or the County, so the same Office of Vicarship appertains to the Dukes of Saxony, within the rights and territories of Saxony, not in regard of the electoral dignity, sed ratione cujusdam Palatinatus in Saxonia, & praefecturae etiam Palatii veteris, in regard of a Palatinate that he had in Saxony, and a superintendency he had in the old Imperial Palace, as divers Annals, and Historians bear witness. Besides, although there were divers other Palatins in the Empire; Yet all the world knows there were Arch-Palatines by whom they were governed, amongst whom the Count Palatin of the Rhin, and the Duke of Saxony had the first rank, and were as it were their heads and Directors. In fine, 'tis not said in the Bulla Aurea byvertu of the Duchy of Bavaria, nor of the Electorat, but of the County Palatin whereunto this right was annexed, as being the prime and fairest part of the Country, and the nearest and most convenient to exercise the said Office within the precincts of the Franconian territories, as the Archbishop of Mentz hath the first rank among the Germane Prelates, by reason of the situation of his Country. On other side, to invalidat these reasons, or show that the dependence of the Vicarship is upon the Electoral dignity, it avails little to allege either the text of the Dutch translation of the Golden Bull (which is ill translated as hath been formerly said) and against the express terms of the original, or to have recours in this particular to the Arrchidapifer, or Archsewership, which is given to the said Count Palatin in the said Bull, or to that of Elector, which is added in other Imperial constitutions to the Count Palatin of the Rhin, together with the Vicarship; for these are too feeble exceptions, and too gross subtleties to prevail in this business, having such weak reflections; In regard that neither the one nor the t'other are found inserted in an infinite number of Acts which have passed, relating to the Vicarship of the Count Palatin. But above all, there's none so unfurnished with judgement but may plainly see that this title of Elector is given to distinguish them from Cade●s or younger brothers of the same house, not as a word of disposition or connexion, as the Schools speak, but purely and simply, as terms of Enuntiation. But speaking of the right of the Count's Palatin of the Rhin, the possessory titles are added, whereof the principal is yet conserved; nor can it be pretended that this addition can bring with it the least prejudice touching the source and dependency of their Right to the Vicarship of the Empire; Insomuch that it would be absurd to infer any thing thence to prejudice their just title in this point. And as the Elector of Bavaria cannot make a Boukler of this Instrument of peace for the establishment of his imaginary Right with the least pretext, or colour of Justice, but rather clean contrary he doth thereby overthrow the very ground of his pretensions, so much less may he rely upon any Imperial concession, which may favour him to this effect. First, he cannot advantage himself of any that could have been granted him before the last peace, and during the wars, to this purpose, because it was cut off, and formally annulled by the Instrument of peace in Artic. Pal: cassatis iis quae in contrarium acta sunt, etc. In the second place, he cannot understand thereby the letter of Investiture granted to the Duke Maximilian his father during the wars in the year 1638. where among other things there is express mention made of the Investiture of the Vicarship, because it was entirely dashed; first by the Article fore-alleged of the Instrument of peace, where 'tis said, Collatis iis, etc. Secondly by the expedition of another Letter of investiture, whereof there happening no death of Vassal or Lord, there was no need, had not the first been totally annulled. Thirdly, by the promise which his sacred Imperial Majesty had given unto his Electoral H●g●nesse, as well by word of mouth, as by writing, or to insert Clausulam Cassatoriam within the new letter of Investiture of the Elector of Bavaria, or to give the said Elector Palatin Rescriptum Cassatorium. In the third place, which doubtless ought to be specially observed, that his sacred Imperial Majesty within the new Letters of Investiture which he gave to the Elector of Bavaria, in the year 1652. there ●s not only no mention made of t●e Vicarship bu● there's not a word inserted, that the Elector Max●milian of Bavaria was formerly invested therein by any preceding Letter of Investiture which he had until his happy death. But on the contrary for an evidence in favour of the Elector Palatin 'tis said in generral, that the Elector of Bavaria ought to be invested with the Electoral dignity, and the upper County Palatin, as the Instrument hath it expressly, as it may be seen in a copy of the said letter of Investiture, which his sacred Imperial Majesty a little before his death, and namely the tenth of March 1637. did graciously communicate unto the Elector Palatin. In so much than all the instances and prayers of the Elector of Bavaria proud not only unprofitable for to cause the Vicarship to be inserted in the said Letter of Investiture, but also is Imperial Majesty writ again the same time unto the Elector Palatin, that he ●new very well the advice, and remonstrances that were presented unto him touching this matter, which he did put in mature deliberation, and in effect had such regard thereof, that he caused that new letter of Investiture which was accorded to the Elector of Bavaria to be restrained, and limited, as the transcript thereof bears witness. Out of the r●as●ns before allegd 'tis easy to infer that the authentical and privilegd Right which is confirmed without contradiction to his Electoral Highness the Palatin of the Rhin, could not be taken away from him by any particular concession before or after the said Treaty in any way what●o●v●r to his prejudice. To conclude, without extending this discourse further, or use any farr-fetchd proofs upon a matter so clear and evident, since his Highness the Elector Palatin Prince Charles Lodowick, is reinvested with the charge of the Vicarship by virtue of the County Palatin of the Rh●n, as a prerogrative inseparably annexd thereunto, acquired by his Ancestors so many Ages passed, confirmed by a special previlege in the Aurea Bulla which serves as a fundamental law to the Empire, authorizd by so many Charters, and particular diplomataes of the Emperors, and Kings of the Romans, In a word, by an Immemorial observance, and public Right so long a tract of time, and particularly by the last Instrument of peace at Munster, & Osnabrug, And the Empire being now vacant, his Electoral Highness hath undertaken and doth take upon him the provision, and the Administration of the Empire within the circles of the Rhin, of Swabland, and the Franconian territories, not doubting but he will be acknowledged accordingly, & maintained in a peaceable and entire possession of his Right; Therefore as his Electoral Highness doth promise audience to all the world, and to administer justice, and right to every one, so that none shall have any cause of complaint; so he pretends to reserve expressly all the ways, and lawful means that shall conduce to the defence of his Right, against all such that shall attempt to disturb him in the exercise thereof, or make any hindrance of his Administration. Made at Heidelburg under the Seal of his Electoral Highness' Palatin, the the first of May 1657. FINIS.