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A DISCOVERIE of the falſe Grounds the Bavarian party have layd, to ſettle their owne Faction, and ſhake the Peace of the EMPIRE.

Conſidered, In the Caſe of the De­teinure of the Prince Elector PALATINE his Dignities and Dominions.

With a Diſcourſe upon the In­tereſt of ENGLAND in that Cauſe.

By CALYBUTE DOWNING, LL. D. Paſtor of Hackney.

Seene, and Allowed.

LONDON, Printed by RIC. HEARN, and are to be ſold by Thomas Bates, at his ſhop in the Old Bayly. 1641.



The Preface.

WEre it not that thoſe braving Bavarians and Imperiall Inſtruments, who pretend piety, juſtice, and devotion in all their actions, are ſtil moſt peremptory and inſo­lent, in making Manifeſtors to the Chriſtian world, of the legality and equity of their courſe continued againſt the Prince Elector Palatine; wee would never have dared to touch ſo tender and ſhy a ſubject: only have left it to the ſword to decide. But ſeeing this novel Colledge and Councell, mixt of Jeſuites, de facto, & in vo­to, have given themſelves commiſsion, Ex Of­ficio, unheard to determine what may & muſtedne In ordine, to the practicall principles of their modern Monkery: The deſire that wee have to ſee a ſafe peace ſetled in Chriſtendome, hath moved ſo far, that wee cannot contentedly ſit ſtill in ſilence; for if out of a ſuffering mo­deſty may be given to active ambition, to ſur­priſe and ſupplant, and that theſe pernitious Politiques may ſtil advance and proſper in their way, it will be impoſsible, that the ſtate of the Weſtern World ſhould ever draw neere to any degree of Vnion, though it be but in a mutuall toleration. They have not Beati Pacifici in all their Regular Liturgy, but are moſt bitter a­gainſt all negotiations for moderation. And therefore wiſe and reſpective men and States, who ordinarily feare and fly practique queſti­ons, and publique quarrels, have reaſon to come on one ſtep out of their reſervedneſſe, and de­clare their opinions; otherwiſe they may get a knock, as ſtanders by in neutrality; when as if they would but ſpeake out, they might diſcover more than the gameſters, and ſhew how the Checke was given. Theſe abſolute enemies of ſtates and Churches, who neither regard Prince nor people, but in relation to their owne inter­eſts, will I hope before long be diſcovered, and ſo diſcarded, as the common Enemies of the peace, liberties, and lawes of Nations.


A DISCOVERIE OF the falſe grounds the BAVARIAN Party have layd, to ſettle their owne Fa­ction, and ſhake the peace of the EMPIRE.Conſidered in the Caſe of the detai­nure of the Prince Elector Palatine his Dig­nity and Dominions.

THough I ſhould be loth to do theſe Miniſters of Vſur­pation ſo much wrōg, as to diſable or diſparage them in their reputation for action, by not cōceiving that they2 have bin the Projectors of all the perfidi­ous & cruel practices, that have bin exerci­ſed for theſe laſt twenty yeares upon Ger­manie: yet I will hold off from relating any of them. For if I ſhould reſolve to re­preſent them in their true Catholique co­lours, I could not tell what Inke to uſe, whether blacke, or red; being I ſhould ne­ver get blacke enough, though made of the bittereſt galls, to ſhadow out the diſmall darkneſſe of their deſignes; and if I ſhould take red, to expreſſe the bloudineſſe of ſo long laſting a maſſacre, they may conceit that I applaud the action: for they uſe ſo to regiſter victorious, ſucceſſeful villanies, with a Rubricke in their new Gregorian Kalender. I omit them therefore, and chuſe to fall upon a ſurvey, of the falſe foundati­ons which they have layd, deſtructive to the good of Chriſtendome.

Theſe moſt active Engineers have con­cluded it as a maine maſter-piece of their ground-work, for their faſt footing in the Empire, to be able ſtill to hold out the Prince Elector Palatine, having the caſting3 voice in all cauſes, both of liberty and Re­ligion: having falſly procured, that their devoted Protector, the Bavarian, may for a turne at leaſt, be poſſeſſed of his Royall rights, that ſo they being diſtributed to a dependant for the preſent, the Houſe of Auſtria may with more eaſe and ſpeed, ap­propriate and incorporate them into their owne inheritance; and I know not but theſe Projectors may delude the old Duke their new Maſter, and onely ſhuffle with him, upon ſubtill, yet ſhallow principles, of his ſucceeding ſecurity, uſing him as a divertive fontinel, to turn a humor, though as yet it bee an hard matter to diſtinguiſh the deſignes of the Spaniards, Imperialiſts and Bavarians; who ſeeme but Diverſi, though they be Diviſi. Now to make this ground good, they have caſt about to de­viſe and divulge, not the cauſes, but ſome colours for detaining the Palatinate, and the Electorall dignity appendant to it, as they have ptetended arguments to raiſe a queſtion, to make it a controverſie, & then by ſequeſtration got preſent poſſeſsion, and4 ſo by time and reputation of proſpering, raiſe a title.

But they dare not proclaime, nor pro­feſſe the true reaſons, which are Ambition, & Uſurpation, to the ſuppreſsing of liber­ties and Religion: therefore they wel and wiſely, to divert and diſtract, ventured to vent and publiſh ſome accidentall occur­rences which fell in with the courſe of af­faires, grounding all upon the events of their prevailings, and upon ſuch ſlender propoſals ſeeme to pleade plauſibly; when as if they would deale ingeniouſly, and take a true view of the entire buſineſſe, they are too able (not to ſtand upon their honeſty) to be deluded by any ſuch over­tures. For they know full well, that the originall of the War in Bohemia, about the tranſlation, tranſpoſition, and elective tra­dition of that Crowne, was ſet on foot by the Emperors practice, and party, not by the Princes. But I will not drive the cauſe ſo high, as to diſcuſſe or diſcover the ſpring of that fearefull floud, neither will I mention the right of the Nobility and5 Commons of Bohemia in electing; but I wil (if it be but to pleaſe and pacifie them) ſuppoſe all true, which they know to be moſt falſely ſuggeſted, and conſider whe­ther the practicall deductions, which they have drawne from ſuch principles, bee cleare, concluding, and of fundamentall force, to detaine or diſcontinue the Prince Elector Palatine from his undoubted roi­alties and dominions. Let it goe then for granted, that all Prince Fredericke did in the buſineſſe of Bohemia,Les Conditi­ons de la Re­ſtitut. entiere du Palat. & Electorat. is no further right, than the Ieſuites will have it ſo; yet it will not fairely follow, upon free conſe­quent, that all which the Emperour hath been pleaſed to make him ſuffer, as corre­ſpondent to his carriage, is ſo farre from wrong, as they would make it; neither do I beleeve that the Emperor himſelfe did ſo conceive it; but he was caſt upon that courſe by the currant neceſsity and excur­ſion of the Warre. And therefore what ſtands now determined, grounded meerly upon point of fact, which was full of ſcruple, ſcandall, and caſuall, not deliberat­ly6 intended, can have no ſtrength of right, though ſince, more reaſons are invented for the totall juſtification and ratification of the proceedings, than did at firſt per­ſwade the practiſe, or can ariſe from the natural naked interpretation of the action. For though the Ieſuites anſwers and coun­ſels are like the Oracles, not of Delos, but of Delphos, all for their own advantage; yet the actions of Emperors, (eſpecially in Armes) muſt not bee like a Delphique ſword, to cut off on all ſides, as occaſion ſhal ſerve, both in retraits, truces, and times of treaty: and though the Imperiall Ma­jeſty (as powerful Princes uſe to do, whoſe Confeſſors have no certaine rule of con­ſcience) raiſed and inlarged his pretenſi­ons, according to the proſperity of his pro­ceedings; invading, poſſeſſing, depoſing, and diſpoſing, of the undoubted domini­ons of the Prince, tranſlating his Electo­rall Dignity, upon a contempt, after a ſen­tence of Proſcription, grounding as many Titles as they could deviſe, to that which they knew they had never a good one: non7 obſtante all this, and much more, which paſſed in ſolemne ſignificant formes and ceremonies, of perſonall baniſhment, diſ­membring his Dominions, triumphant Confirmations, and Congratulations, of the Duke of Bavaria, his perſonall Admi­niſtratorſhip, of the Dignity Electorall: The preſent Prince Charles hath a true title of right, to require the reſtitution, the in­veſtiture, and actual poſſeſsion of all thoſe Dominions and Dignities Electorall, in an individuall, ſole, and ſupreme way.

Now let us ſee what the Ieſuits can ſay, for the preſent detaining of theſe Rights; which they muſt ground upon the Empe­rors right to diſpoſe of them: and all that we can ſuppoſe in that way may be redu­ced to right of Armes, and right of Forfei­ture. But neither of theſe are ſo cleare, or of ſuch validity, as to exclude the Houſe of Palatine, or to prejudice the preſent prince. To conſider firſt, the title from his Armes, they were offenſive, aggreſsive, and by way of revenge: Now to make that Title hold on perpetually, to prejudice a Royall8 Family, it muſt be ſuppoſed firſt, that the Emperor had injury offered him by Prince Fredericke. Secondly, That the dammage is not yet ſatisfied. Thirdly, That the poſ­ſeſsion by Armes was ſolemnly obtained according to the right of War. None of which particulars are ſo cleare, as they ought to be in ſo capitall a cauſe.

Firſt it may be averred, and not with­out good ground, that the Emperour was not directly injured, beeing the con­tention was not betwixt them as hee was Emperor, but as one of the Archdukes of Auſtria, about the Crowne of Bohemia, a feud of the Empire, then depending unde­cided: in which cauſe, if Ferdinand had then been Emperor (as he was not) & rei, vel perſonae, non exiſtentis, nulla ſunt nomina qualitatis vel operationis, he might have bin ſupreme, though not ſole Iudge, if the cauſe had not been his owne. But if the prince did after in the courſe of the war, offer any indignity to his Imperiall Majeſty, (as they urge it) then I deſire to know upon what conſideration the Emperor took up armes9 againſt the Prince Elector, to the poſſeſ­ſing of the Palatinate, after that Frederick had in a publique way renounced his right in Bohemia; whether as againſt a forrein enemy, or againſt a domeſtique ſubject: none will ſay againſt a Forreiner; then as againſt a ſubject, who was conceived a re­bell and a Traitor; otherwiſe no war, but praedatory proceedings; and he could not lawfully make an offenſive warre upon him: for an Elector that hath royall Do­minions in a ſucceſsive way, is not ſuch a ſimple ſubject, that he can be a Rebell or a Traitor to the Emperor of Germany, with any prejudice to his princely Family; and if he be ſuch an ordinary ſubject, then it is as to the antient Kings of Alemany, or to the now Romane Emperour; (which di­ſtinction is admitted by many able Hiſto­rians and Civilians.) Pancerolus, Com. Occi­dent. Imper. cap. 90.Now ſuch ſubjection cannot be pleaded for as due to the Ro­man Emperor, for thoſe abſolute princi­palities (eſpecially the Palatinate) are more antient by hundreds of yeares than the Empire in great Germany: Et Princeps non10 poteſt novo Imperio ſubjici,Grotius A­pologet. ca. 9. niſi eipſo conſenti­ente: without they were ſuch new titular Lords of Ferdinand the ſeconds, who cre­ated more in theſe late twenty yeares, than were made in all the time betwixt him and Charles the Great. Bullatos Co­dicallares, di­plomatatios, titulu ſed non vitulum ha­bent, eques ſine equo.Sure 'twas upon deſigne, to daſh, diſparage, and indiſtin­guiſh the old Dignities. And before they could not be ſubject; for the Roman Em­pire did never reach over the Reine, into the largeneſſe of Orientall Germany; as we know Charles the Great was very care­full to limit the bounds of his new acqui­red Roman Empire,Schafnaburg. 209. that his Francks in great Germany might ſtill bee free,Molin. de Conſuet. Pa­riſ. num 8. Jure Francorum, ſeu lege Salica. And ſure the ſubjection that they owe as to the Kings of Almany, is limited, too ſhort and too weake to uphold the claime the Jeſuites clamor for; being every Prince was anti­ently moſt abſolute in their owne domi­nions:Weſenber. Conſ. 27. num. 29. Quemlibet in ſuo territorio, perhiberi Imperatorem; & nil niſi ambitu minoris cir­culi, ab Imperatore differre. So that all that we may grant, without prejudice to theſe11 Royall Rights, is,Deciſio Pe­demont. 29. num. 4. That they owe the Em­peror, not ſimple ſubjection, but reſpective homage; Officeum pactum, non obſequium: and ſo are ſupreme in their owne territo­ries; eſpecially ſeeing the ſecularlectors are certaine ſucceſſors, and the Emperour but elective Adminiſtrator, in relation to the Feuds of the Empire, though moſt ab­ſolute as Archduke of Auſtria.

Even as the antient lay-Peers of France were not ſimply ſubject to ſo abſolute a Monarch as the moſt Chriſtian King:Lupan. de Magiſtrat. Gall, lib. 1. for the Kings of England, the Dukes of Bur­gondy, and the Earls of Flanders, acknow­ledged no ſuch ſoveraignty. Sure if they had been more de jure, under the Empe­ror,Menoch. con­ſil. 92. num. 32. Charles the fift would never de facto have profeſſed, That in other of his King­domes he ruled over ſervants and ſubjects, but in Germany over Kings. Which was ſuteable to the ſchool divinity of thoſe days (as that cautious Cardinal in the caſe) Prin­cipes Imperii ſunt perfecte domini,Cajet. in ſe­cunda ſecun­dae queſt. 40. art. 1. licet habent ſuperiorem Imperatorem, non ſimpliciter, ſed ſecundum quid. And indeed their holding12 their rights and royalties of the Empire, doth not deny nor diminiſh the indepen­dant ſupremacy of their authority (as ju­dicious Grotius) Obligatio feudalis (maxime apud Germanos) non demit jusſummi Imperii, as it is notoriouſly knowne, that they have plentitude of power to make, alter, repeale lawes, and change the forms of judicature in their owne Dominions, without the knowledge of the Emperor, wage & pro­claime war and peace in their own names and power; all which appeares by ſuch authentique antiquity, both in lawes and proceedings, that the Archbiſhop of Mentz, in Councel at Frank ford affirmed, That the government of Germany was Ariſtocraticall;Clapmarius. de Arcanis Reipub. lib. 5. ca. 20. giving the Emperor onely the pre-eminence to be Preſident in the ex­traordinary Imperiall Aſſemblies. So that if the power and priviledges of Bulla aurea, morgaged in the hands of the Electors,Sleid, in fine Philip. Com. inej pa. 200. were duly obſerved as they would, Si non poſt dira, & diuturna bella, duris, & extortis pactienibus, adempta ſint: then I conceive that the Prince Elector, a Comes Palatinus,13 as Major domus Imperialis, as Proviſor,Supplimen­tumbbatis Vrſpurgenſ. pag. 274. Curacius partit on li. 1. tit. 32 & Vicarius Imperii, qui cognitionem habet in gravatoriis, contraipſum Imperatorem, & ſen­tentia ejus Imperialis; is more abſolute, than to bee criminally condemned by the Em­peror, eſpecially for buſineſſe that paſſed and had the riſe in an Inter-Regnum. And this that we plead for is not without pre­ſident, in the caſe of abſolute Princes, poſ­ſeſſed of Feuds, and condemned as Delin­quents. Robert King of Naples was clea­red from treaſon againſt the Emperour,Capycius no­vis deciſioni­bus Neapol. 142. Quia non ſubditus erat rationè originis, ſed ſo­lum ratione Feudi. And if this would have held, the French kings had as good ground to take up armes againſt the Kings of Eng­land, as their rebels, if they offended them, during the time they held the Dukedomes of Aquitaine and Normandy, as a Feudall Inheritance. Or the Emperor may as well war upon the French King as a Rebell, be­ing his Delphinate is a feud of the Empire. So in like manner he may come upon the Kings of Poland and Denmarke; or upon his grand Couſin of Spaine (if he dare) for14 Millain, and other of his Dominions, held as he is a Feudatary to the Empire. But ſure they may be ſecured at an eaſie rate: as Charles the fourth, for one dinner neere Avygnion,Avent. Anal. lib. 7. gave up the acknowledgement due Arelatenſe regnô, as Aventine the Ba­varian relates it. Therefore this ground of war was doubtfull, if not unlawfull, be­ing unuſuall, antiquated, and ſuppreſſed, by the conſent of the Nations of Chriſtian Europe.

Secondly, It is concluded by wiſe, mo­derate, and indifferent States, That ſatisfa­ction for the ſuppoſed injury hath been ta­ken to the full, before this time; and the revenge and reparation of a reall wrong ought not to bee driven to the utter ruine, eſpecially of otherwiſe well deſerving ſub­jects, or weake neighbours: leſt it truly ſeeme onely a colour, to exerciſe crueltie, tyrannie, avarice, and ambition As ſerious Seneca;Sen. de Cle­ment. lib. 2. cap. 4. Crudeles illos ego vocabo, qui punien­di cauſam habent, modum non habent Enough ſure it is conceived by all the world, except the Ieſuited party, that Bohemia is fully15 poſſeſſed, all the parts of the Palatinate ſo long detained, as a deſperate Depoſitum, un­der various colours, of ſequeſtration, and morgage to the Emperors uſe, for the pay­ment of the Duke of Bavaria, the King of Spaine, and the Arch-Duke of Auſtria, as Auxiliaries, in the execution of the ſen­tence againſt Prince Fredericke, with the dignity Electorall adminiſtred by the Em­perors abſolute order; not to mention the great confiſcations. So as I beleeve, ſome of the Ieſuits ſo pitty the ſatisfaction that hath bin taken (eſpecially conſidering the Royal Mothers depriving of her Iointure) that if the Prince will but change his faith, theſe wil ſoone help him to change his fortune. And what ever is now pretended and pra­ctiſed, the Emperour could not intend to continue the poſſeſſsion, or the diſpoſure of the dignity Electorall, any longer than the Prince Elector Palatine ſhould bee at age to receive them: as is plaine, not onely in the ſecond condition of reſtitution, ten­dered by his Imperiall Majeſty to the king of Great Britaine; but alſo by the limited16 inveſtiture,Les Conditi­ons de la Re­ſtitution en­tiere du Pala­tinat. & del Electorat. 1623. Aurea Bulla apud Schafnaburg. 279. that Bavaria ſeemed contented to take it withall, which was according to the authentique ordinances of the Em­pire. For Electoris ſecularis jus, vox, & po­teſtas Electionis, ad haeredes maſculos perti­nent, cum ad annos octodecim venerint. So that this ſecond ground is no firme foun­dation for the continuing of the preſent poſſeſsion and proceedings.

Thirdly, we may as eaſily diſcover that the line in which thoſe Armies marched and maſtered, was not direct and legal, ac­cording to the ſolemne right of waging war: this fact might with more eaſe and certaintie be conſidered of, than the point of right that entred it; even as there is more confidence in judging of Mathema­ticall engines, than of morall actions. Many manifeſt paſſages, of praedatory and perfidious ambition, were apparant in the manner and time of avancing thoſe Ar­mies towards the Palatinate, which well weighed, may amount to a nullitie of the right pretended from their proceedings. For what ſolemne juſtifiable warre was17 ever yet made upon a neighbour, at leaſt in a vindictive way, without a legation to treate of injuries; and then an indiction, and due denuntiation or diffidation, (as Baldus.) But this invaſion was, while a treaty was tendered, and accepted from the King of Great Britain, in full, ſignifi­cant, and extraordinary wayes of Embaſ­ſie; and yein the interim, the Countries ſurpriſed, and poſſeſſed, in abuſe of Treaty, before the face, and againſt the proteſtati­ons of the preſent Embaſſadour, and ſo by the Law of Nations is to bee reſtored in integrum. As for indiction, it may bee the Ieſuites, who (innovate in all things) have taken to themſelves a Faecialique faculty, either to antiquate, or diſpenſe with it; or it may be have paſſed an Inquiſition upon Tullus Martiall Lawes,Tullus, diſci­plinam om­nem milita­rem condidit. Flor. hiſt. l. 1. cap. 3. eſpecially meeting with them in Tullies Latine, which is Lan­guage too plaine for ſuch foule carriages to brooke: viz. Belli jure, nullum bellum ju­ſtum eſt, niſi quod rebus repetitis geratur,Cicer. de of­fic. lib. 1. & denunciatum, & indictum.

But ſure theſe confident aequivocal crea­tures,18 are far fitter to be bold Heraulds to proclaime armes, or inſinuating explora­tors of Councels,Lonigus Aphor. 14. than faithfull Faeciales, to judge and determine of cauſes, and juſt proceedings of warre: And ſo I ſubmit theſe ſuppoſed grounds to their judgment, who chuſe to meaſure titles by the line of equity, and not by the laiſt of ambition.

It remaines then in the next place, that we conſider the Emperours power and right, to diſpoſe of the Palatinate, and the dignity Electorall, by vertue of forfeiture and ſeiſure, as eſcheated and confiſcate to his Imperiall Crown. But before I go any farther, I muſt crave pardon (by theſe Ec­cleſiaſticke Statiſts good leave) to beleeve, That though the Prince Elector Palatine may for a time be delayed, upon this title of proſcription; yet the preſident is ſo un­pleaſing and pernitious to the Princes of Germany and Italy, and ſo ſtrangely diſ­guiſed, that it will never be digeſted as a Law, though it paſſe the Inquiſition: for if there were ſuch a way opened, to ambiti­ous Pretenders, they would with facilitie19 faſhion and frame new titles, according to their turnes. How eaſie a matter were it for the Emperor, or any ſuch Potentate, to picke a Turkiſh quarrell with a Feuda­tary, and then by provoking, diſhonoura­ble, deſtructive, demands, proceed plauſi­bly to the poſſeſſing of their Dominions? So that we muſt conceive, that theſe Do­minationum proviſores, theſe Purveyors for Uſurpation, our modern ſtate Empericks, did not in good earneſt produce this ſub­limated Spaniſh Speculation, thus prepa­red, to be uſed in ordinary caſes; but onely to try this cruell concluſion: or elſe they were caſt upon this fancie, of their faction, fuming from Salt-Peter, out of neceſsitie, having nothing better to pretend. For we muſt not bee ſo ſimple as once to dreame, that theſe prodigious Politicks, who have the eyes of all the world upon them, in a monſtrous admiration; and have their eyes upon all the world, in a vaſt ambiti­on: we muſt not ſurmiſe, that they could be ſo much miſtaken, as deliberately to deliver in determination, that this Title20 ſhould have any ground of true perpetuall policie in it. So that were they not foyled with the fatall foulneſſe of the cauſe, they are men ſo abſolutely and inſolently able, not confined nor controlled within the compaſſe and commiſsion of their conſci­ence, ſo ſolely verſed in the varieties of re­fined wickedneſſes, Creatures ſo daily de­voted to the affaires of this world, and that with ſuch ſecular ſolicitude as if they be­leeved there were not another: were they not faſcinated, or under an ill unpleaſing Planet, or rather Comet of Combuſtion, they would be able to invent a better title, or in judgement not depend upon this. Sure the ſncceſſe they have had, the confi­dence of their owne Reputation, and the undervaluing others; hath made them for­get or forſake both Law and Reaſon, in urging ſo vaine a title for ſo main a matter; ſo that nothing can be affirmed with leſſe truth greater impudence, and more dan­ger.

But to come cloſe to diſcuſſe this Title; I muſt not admit that, which pleaſeth ſome,21 and is preſumed by others; That the titles of abſolute Princes are to be tried by the Roman Civill Lawes, but according to the Lawes of Nations: without it bee in ſuch places where the Civill Law is ſo re­ceived by many Nations; or in ſuch caſes as the particular cuſtomes and conſtituti­ons of a Countrey doe not extend to deter­mine them. Feud. lib. 2. tit.Nam etſi leges Romanae non adeo vim ſuam extendant, ut uſus vincant, aut mo­res, peritus tamen legum, ſicubi caſus emerſe­rit, qui conſuetudine Feudi non ſit comprehen­ſus, Lege ſcriptâ uti poteſt. Now if this be true in generall, then ſure it holds harder, for the favourable reſtitution of an antient ſucceſsive Prince, unto his ſuſpended rights; than for the juſtifying of an odious and feigned forfeiture, as a title for an ele­ctive Emperour (who is onely Admini­ſtrator, as chiefe in truſt) to transferre his feudall dignities and dominions to any other. Eſpecially conſidering, the Prince Elector Palatine was no way acceſſary to the crime pretended, as the ground of his fathers proſcription; beeing then in mi­nority,22 and ſince tendering himſelfe in humble manner to his Imperiall Majeſtie for Inveſtiture. And this courſe, free and magnanimous Emperors, when by Law they might have done otherwiſe, have uſed royally to conſider and reſtore the noble heires of proſcribed Princes; yea, even where they had right to poſſeſſe ad placitum. As the proud, and otherwiſe peremptory Perſian Monarchs,Briſſonius, de regno Perſic. lib. 2. never ad­mitted any totall confiſcations: and Iulius Caeſar,Suet. in Caeſ. cap. 41. revocavit & admiſit ad honores, pro­ſcriptorum liberos; eſpecially if the Heires were many, the clemencie (a vertue as wel of policie as piety in a Prince) hath an in­fluence upon the good of the beſt of man­kinde. And it was that cruell illiterate Di­ctator Sylla,Sylla liberta­tis hoſtes, & ſaeviſſimus mortalium proſcriptio­nis tabulam (novi generis edictum) pri­mus poſuit, Flor. lib. 3. cap. 21. that firſt made Lawes, utterly to exclude the children of baniſhed Sena­tors; whereby he forfeited his diſcretion, and proſcribed his own fortune, by loſing many meanes of mounting to an abſolute ſetled Monarchy, and was devoured of vermine, as a monſter in nature. And let it be remembred, how moderately the23 Emperor dealt with the Prince of Anhalt, who was the author and Counſellor of Prince Fredericks proceedings. Sure there was ſomething in that Princes fortune that was worth the pulling for; Delictum praetextus erat, divitiae, & dignitates, veracau­ſa. To take away life or liberty to obtain great mens livelihoods, is a practiſe evill and antient. Iuſt Trajan expreſſed his ſpleen well againſt ſuch confiſcations; and Iuſtinian abſolutely prohibits them. C. de Bonis Proſcripto.But I intend not to take ſo much liberty in the ſhaking off this title of forfeiture, as to raiſe arguments from the nature of the cauſe, in relation to the reaſon, and Lawes of Nations; but am contented to ſubmit my ſelfe to the Civill and Canon Lawes, with the feudall Conſtitutions of the Em­pire, with good aſſurance, that they admit not of any ſuch damming deportations, to the prejudice of princely poſterity.

And now if Dominick de Ieſu Maria, that ſang Maſſe before Prague, when it was ta­ken; or Hyacinthus the Capuchin; or Caraf­fa the Nuntio, that begged the Library of24 Hidelberg, or any of that factious fraterni­tie, who have been the grand ſticklers in the ſtirre, and ſtormes of Germany; if they would aſſure me, as they are the Miniſters and minions of Spain, that the Catholique King, as the elder Houſe of Auſtria, will not take it as an indignity, to hold, that the Fends which he hath from the Empire, are in danger of forfeiture, upon ſuppoſed miſdemeanor and ingratitude: then wee would more eaſily yeeld, that the Prince Elector Palatine is ſomething in the ſame condition;Couau. in relec. c. pec­catum, § de poteſt. tempo­ral. n. 9. Bannes, ſe­cunda ſecun­dae queſt. 40. art. 1. But I ſhall hardly beleeve, that the mighty Majeſty of Spaine will ever brooke any ſuch formall debaſements, (as Philip the ſecond, his great Lawyer and Schoolmāſter cleeres the caſe:) For either the King of Spain might actually alter his Feuds, into proprieties and proper inheri­tances, when he was Charles the fifth, and Emperor,Sleid. in fine Phil. Comin. p. 147. as he got off that light ſubjecti­on due to the French King, as he was Earle of Flanders, and a Peere of France, making that independant, when he had his Lord Francis the firſt his priſoner. Or elſe the25 right might be antiquated and extingui­ſhed, or relinquiſhed by non-claime, and ſo left as in the originall; onely there may be ſtill on foot ſome empty formes of in­veſtiture, nothing to the hurt or hinde­rance of a free, full, and finall poſſeſsion, in right of patrimony. Decifio Rotae Romanae 59. n. 3.4. & 5.Sure I am that the Councell of Spaine hath concluded ſo, a­gainſt the right of the Church of Rome, in the Caſe of the Kingdome of Naples: and it may be probably preſumed (if wee nee­ded ſuch proofe) that the Palatinate was made free upon the ſame grounds, when Rupertus Prince Elector Palatine was Em­peror.

But to fall upon the bare buſineſſe; were I better inſtructed in the Novell, and therefore ſuſpected forme, of the ſentence of this particular proſcription, than I am; I would not cavil at words, ſo as to ground exceptions againſt the effectuall execution of it: And yet the alteration of formes workes miſchievouſly into the matter, when they are extravagant, and extrajudi­cially procured. But I need not ſtand upon26 that; for there are many fundamentall and principall arguments eſſentially in it, that layd together, will manifeſtly amount to a moſt notorious nullity, and afford matter for a juſt proteſtation. As to inſtance, the incompetencie of the Iudge, the falſitie of allegations, the defect of judiciall procee­dings.

The firſt cauſe of nullity is, The incom­petencie of the Iudge, not onely in reſpect of his perſon, paſt and preſent intereſts, a party,Parſons in Doleman. pars 1. . an enemy for his utmoſt ends; but alſo in regard of his power: for the Empe­ror hath been in effect both Iudge and par­tie; which is no where legall, eſpecially in the Empire of Germany, and in ſuch a caſe where Ferdinand was to proceed but as a private perſon, if then he had been Empe­ror; beeing the contention betwixt him and Prince Fredericke was about an Im­periall Feud, neither of their Inheritances. And indeed hee is not ſo ſole and ſupreme in rebus arduis, as to doe any extraordinary Imperial action, without the convocating, conſulting, and conſenting the States of27 Germany, in a Dyet: As it was his Maje­ſties anſwer to the Engliſh Embaſſador, That he could not reſtore the Prince Ele­ctor without their conſent. And if not ſhew favour without them, then much leſſe capitally condemne any of the ſu­preme Colledge of the ſacred Empire, to the prejudice of the royal ſucceſſors, with­out the ſame repreſentation of the Empire. But it is more the probable, that the cauſe was never freely opened, nor faithfully propoſed; but either there was Impedimen­tum Culpoſum, or Colluſorium,Conventus Malhuſ. 1619. that held them off from conſidering it; or elſe they did ne­ver cleerely and concludingly conſent to it; nor were ſolemnly required, More ma­jorum, collegiatlitèr, & particulariter; but ſingly ſurpriſed, with promiſes of ſpoiles, propoſals of owning their pretenſions, provoking them as the Princes enemies, or over-awing them as obnoxious: and ſo tooke them in, onely as a pompous pre­ſence, to countenance that in publique aſ­ſembly, which was concluded of, and packt in private way at Court. Otherwiſe28 they would wiſely, as men awake and a­ware, have jointly oppoſed, to prevent the preſident; not knowing how ſoone it might be their owne cauſe, which they could not but conceive to be a great part of the deſigne. And that they did ſo may be reaſonably conjectured, not onely be­cauſe the contrary is not expreſſed, but alſo by reaſon it is the courſe and cuſtome of that Imperiall Councell, (eſpecially in ten­der caſes, of ſuch conſiderable conſe­quence) onely to canvaſe the cauſe, and de­ferre the deciſion, till the next meeting. As Aeneas Sylvius, who was uſed to ſuch Aſ­ſemblies, and blames the injury of his of­fice, being Secretary to Frederick the 3. and ſo conjured ſilence; yet he ſpeaks out thus much of them:Silvius epiſt. l. 1. epiſt. 72. Foecundae ſunt omnes Diae­tae, quaelibet in ventre alteram habet. Diaeta non eſt, quae non Diaetam pariat: or elſe they were ſo cautious, as not to ſuffer the ſen­tence to paſſe ſimpliciter, ſed proviſionaliter. Yea, many of them were ſo unſatisfied, that they proteſted againſt it; as appeares by the ſeverall proteſtations made by the29 Embaſſadors of the Duke of Saxony, the Marques of Brandenburg, with the whole houſe of Palatine, as well Roman re­formed Catholiques, except the Duke of Bavaria, before whom there were neere twenty in ſucceſsion, that had right to the dominions and dignity electorall. Yea fur­ther, it was generally permitted, by inſer­ting a promiſſory oath, that the act ſhould not prejudice poſterity: all that they were wrought to was, to ſend ſome monitory Mandates, which the Emperour had con­cluded without them; neither to cite, pre­judge, nor condemne, but onely ad paeniten­tiam: which they ſtill admitted with this clauſe, Saving the conſtitutions of the Empire. Of which the Emperor accepted.

So that what they did, collectively con­ſidered as a repreſentation of the Empire, excluded not Prince Fredericke from his legall remedies of appeale (if the ſentence had not been void without one) of reviſi­on or reſtitution in integrum. Yea, it may very well be conceived, that they had a re­ſpect unto the relaxation or tacite expira­tion30 of the penalty, in relation to his per­ſon: eſpecially being he was not concluded contumacious, not onely becauſe he could not apprehend any aſsurance of ſafe con­duct, though he had ſubmitted to the pro­poſed conditions, with loſſe of honour; but alſo by reaſon that ſentence began to be executed ſome moneths time before the declaration of it. Et in re dubiâ poenam exclu­di oportet, maxime in cauſâ nobiliſsimi prin­cipis.

The ſecond cauſe of nullitie is, the falſe­hood of allegations: for, ſententia ex falſis allegationibus falſis inſtrumentis vel falſis te­ſtimoniis appellatione nulla eſt. But this cauſe fundamentally alledged for the pronoun­cing and executing this ſentence, eſpecially in relation to the preſent Prince Elector, is full of feigned and frivolous uncertainties at the beſt, when as in ſuch capitall cauſes the evidence ought to be clear and certain. Now the ground of this ſharpe ſen­tence put on ſo hard, to the perpetual pre­judice of the houſe of Palatine, was, That Frederick was guilty of treaſon againſt the31 Emperor; and ſo by vertue of an Imperial Bull baniſht, and upon proſcription, his Regall rights forfeited for ever, begg'd, tranſlated, and diſtributed, to the Duke of Bavaria and other Auxiliaries. Now doe but conſider the fraudulent ſuggeſtions and falſe inferences, weaved and wound up in this plauſible allegation, all which are as new and as falſe as a Ieſuite: ſo that what they take as cleer principles, not nee­ding any proofe, wee take as groſſe impu­dent errors, which need no confutation. Firſt, it is ſurmiſed as a fiction in Law, to ground an Inquiſition and proceeding Ex Officio, againſt a Royall perſon, That his father was guilty of rebellion againſt the Emperor; which is far from a true accuſa­tion, being not onely improbable, but alſo politically impoſsible: yea pregnantly and apparantly otherwiſe; conſidering the per­ſon, the Fact, and the Crime. It was not probable, that a weaker Prince, not ambi­tious, ſhould rebelliouſly riſe up againſt one, from whoſe power and purpoſe hee could expect nothing but utter ruin. Som­thing32 ſure there was, that put him neceſſa­rily, and therefore warrantably, upon that courſe he tooke: certainly he never reſol­ved nor reckoned to come within the compaſſe of beeing but called a Traitor. And indeed it was not legally poſsible that he ſhould;Carolus Mo­lin. Tom. 1. Concil. 42. num. 12. for Nemo dici poteſt reus cri­minis rebellionis, vel laeſae-Majeſtatis, niſi fit propriè ſubjectus, ſupremi Principis, & in quantum eſt ſubjectus. But the Prince Ele­ctor Palatine was no ſuch ſubject, eſpeci­ally at that time, when there was an Inter-Regnum, and himſelfe ſupreme. Neither was the fact Rebellion, and that accord­ing to the Germane interpretation of ſuch actions, ſo circumſtanced: for after their uſages, ſuch enterpriſes, of free, abſolute, ſucceſsive, Imperiall Princes, that are purely, or but pregnantly pretended, for the propugnation and defence of the liberties and Lawes of the Empire,Waremun­dus de foede­ribus part. 2. ca. 7. though they croſſe and controll the proceedings of in­croaching Emperors, are eſteemed as free and as far from the ſuſpition of rebellion, as that Elective Emperor is from tyranny.33 and this is evident out of the domeſtique leagues,Molanus, de Fide ſervandâ rebel. l. 4. c. 5. and treaties of the fraternities and families royall of Germany; wherin they diſtinguiſh even in an excluſive way, be­twixt the right and good of the Empire, and the perſonall intereſts of the Emperor. But the proceedings of that proſcribed Prince were of this nature, fairely for the proſperity, thoſe bleſſed benefits of the peace and liberties, of the ſacred Empire; not for a diſſolute popular licentiouſneſſe, but for politicall liberties, eſſentiall to the well-being of the Empire, which hee was bound to maintaine both by oath and Of­fice, as Supremus Dux Belli, ex Officio; and as his dominions were Fundamentaliter Feuda militaria. As to inſtance; The cauſe he undertooke, was not only to take ſhort the Auſtrian tiranny, but alſo to turne off the deſigne, of delivering up the Crowne of Bohemia to the Turke; as the Nobility profeſſed they would do, if ſuch a friend as Frederick would not take it, and defend them.

The ſecond ſubſequent falſe inference is,34 that Prince Fredericke beeing proſcribed, upon thoſe conjectured collected crimes, his Dominions, with the dignity Electo­rall, are forfeit for ever, to the prejudice of his royall Family.

One would thinke, That the Emperor in point of honour, or at leaſt out of cle­mencie, ſhould after ſo long a baniſhment have called home that Prince, and ſo have wrought him to himſelfe by royall favors, reſtoring to him his rights and juriſdicti­ons. His princely predeceſſors were not wont to be ſo roughly handled in Germa­nie, even when they ventured upon que­ſtionable quarrels: As when Fredericke Prince Elector palatine two hundred years ſince, had the Archbiſhop of Mentz, the Marqueſſe of Baden,Aeneas Silv. Epiſt. 395. li. and the Earle of Wit­tenberg priſoners, then the Emperor Fre­derick the ſecond was contented to uſe the mediation of his Secretary, Pope Pius the ſecond, and Philip Duke of Burgondie, to compoſe the buſineſſe.

Yea, the proceedings of Charles the fift were ſo faire and friendly with the Prince35 Elector Palatine, when hee fell foule and ſadly upon other Princes of Germany, in­ſomuch that the Duke of Bavaria repined at it: Ducem Bavar.Thuan. hiſt. lib. 2. aegerrime tuliſſe fe­runt quod omnibus bonis & priſtinae dignitati reſtitutus fuit: quia ſpe obtinendi Septem vira­tus Caeſarianas partes ſecuus eſt. And ſure it might now have as well beene expected, conſidering the honeſty of the cauſe hee undertooke. Sen. de Clem. li. 2. ca. 7.Et clementia hoſtes dimittit ſal­vos, aliquando laudatos, ſi honeſtis cauſis, pro fide, profaedere, vel pro libertate, in bellum pro­cincti ſint. So that I beleeve, the relations and reports of Hiſtorians and Lawyers, who reſpect right, and the Emperors ho­nor, will differ as much from theirs, that reflect onely upon point of fact, and the fortunate felicitie that attended their fraud and force; as they doe that ſo ſeverely ſet downe the dealings and deſervings,Guifan. in vi­ta Iuſtin. & Belizar. p. 41. & 47. that paſſed betwixt Iuſtinian and Bellizarius the brave Germane, who was accuſed of treaſon againſt the Emperor, becauſe the Kingdome of the Goths was tendered him by the Nobility, and then he falſly reported36 to be diſcarded and ruined (as may be ſeen in Zetzes & Crinitus, anſwered by Alciat.) So ſtrange would it ſeeme to wiſe men, that proceed upon ſafe and ſubſtantiall principles, of policie and piety.

Fredericke King of Naples got much honor by a contrary courſe; when willing to expreſſe and aſſure his favor & forgive­neſſe,Paul. Iov. de Vir. Iiluſtr. vita Fred. to the falſe Factioniſts of the Houſe of Anjou, bare as an Impreſſe, a Bankers book, figured, 1485 croſt, and caſt into the fire, with this Motto, Recedant vetera: ſig­nifying, That he freely and fully pardoned all paſſed injuries, as it were by an Atheni­an〈…〉〈 in non-Latin alphabet 〉. But ſince Prince Fredericke the father hath had ſuch triall of Auſtrian mercy, his poſterity have no reaſon to truſt to it, being hitherto handled as if they had been borne heires of the hatred caſt upon their father.

And now we have diſcovered, that it is no eaſie matter to conceive, how the father ſhould forfeit his Countries and Electoral dignity, in reſpect of his owne perſonall right; therefore much harder to conclude,37 how his act ſhould diſable his heires; for the Dominions, with the Dignities an­nexed, are either an abſolute, patrimoniall propriety; or a feudall ſucceſsive poſſeſ­ſion. If an hereditary propriety, then not to bee forfeit, becauſe not held of the Empe­rour; if a feud, then either purely and pro­perly ſo, or mixt; and if mixt, then the ſervice is not ſo exact, and ſet, eſpecially if the lord and feudatory are Peeres, in other reſpects, ſuch a feud is granted,Par in parem non habet Imperium. either for fealty and obſervance, or charged with an annuall penſion, or ſome ſuch tributary, triviall acknowledgement; now if it bee granted upon ſuch an acknowledgement, then it cannot bee forfeit,Hotoman. Illuſt. g. 34. Quia fidem non ſervat Feudatarius, nam obligatur od reditum, non ad fidem. And there are many circum­ſtances, of extraordinary concurrency, that muſt fall in, to make ſuch a feud for­feit, eſpecially if it conſiſt, not in Agris & Praediis, but in Iuribus & Honoribus; & if ſo, in petty rights and juriſdictions; then ſure much rather, for the ſecurity of thoſe feudall Dominions, that have royall, im­periall38 prerogatives,Feud. lib. 4. tit. 56. § quae ſint Regalia. ſucceſsively annexed to them, by primitive inveſtitures, in a fundamentall way. I will conclude no­thing upon this, but leave it to active, and rationall men to aſſume, inferre, and con­ſider,L. 2. C. ad L. Iul. de Vi. what in theſe premiſes is propoſed; remembring that Tranſitoria tantum bona, quae ad haeredes extraneos veniunt, in publi­cationem veniunt, & fiſcus eſt loco haeredis extranci. But how ever it fared with the father, yet the preſent Prince hath ſo much right to preſent poſſeſsion, that if he bee long delayed, or deludingly diſcon­tinued from inveſtiture, it may amount to a wrōg ſufficient, to cauſe the Emperor to loſe his Imperiall right, in that feud, (as the moſt free Feudiſts) Ex omni Felonia, qua vaſallus feudo privatur,Laud. in li. 2. Feud. tit. 47. § Qualiter Domini. Dominus pro­prietate privetur; eſpecially being but Ad­miniſtratour, Fidei-Commiſſarius Imperii, non drecte & immediate Dominus: and what may then follow, I leave to them to conjecture, who are the preſent poſſeſ­ſours and perſwaders of the deteinure; when as it is dayly and duely demanded,39 by thoſe that have power to command it. If the Prince Elector Palatine were not an eſſentiall member of the Empire, but a pure poore vaſſall, under the power and pride of the Lording Longobards (who were the firſt authors of pure feudal titles, and granted all dominions Ad bene placi­tum:) Or if he had been a ſimple ſubject of the Lombards Conqueror Charles the Great (as he was indeed one of his Aſsi­ſtants,Aug. de An­con. de po­teſt. Eccleſ. Q. 36. art. 4. and holds ſome of Rights from that ſervice) then there might have been ſome reaſon of a perpetuall forfeiture. Maximè ſi Feudum fuiſſet novum, vel privatae perſonae. But the Elector being an abſolute Prince, and the Feud Antiquum, Regale, maſculi­num, militare, perpetuum, pactionatum, & ſucceſsivum; there muſt be more done than is yet deviſed, to make this forfeiture firm to the Occupant; the Emperor being nei­ther a Conqueror, nor an hereditary ſuc­ceſſor. Nam Feuda Regalia, fortiſsime,De••no Sen. Pedemont. 29.11.5. f. 8.40. prae­ſcriptione, & pacto acquiruntur, privativè quoad inveſtientem. So that this is not only according to the laws of Germany, which40 were enough for the ſecurity of the cauſe; but alſo ſuteable to the modern, moderate interpretations, of the ordinances of more abſolute States, as it is practiſed law, in the Kingdome of Naples and other Domini­ons of Italy:Caeſar. Vrſel. Deciſ. Neap. 282. n. 20. That Delictum patratum con­tra perſon im Domini directe, etiamſi ſit crimen Laeſae Majeſtatis, Feudum ad liberos maſcu­los derivatur, ſi ſit antiquum, ex pacto, & pro­videntia conceſſum. Deciſio Pe­demont. 29. n. 20.Thus it is alſo amongſt the Savoyers. If the dominions or the dig­nities were an Engliſh, Scottiſh, or French Feud, which are conſuetudinary heredita­ry, and may be alienated, bequeathed, and forfeited, as the eſtates of all the lay Peeres of France, where the Crowne is onely a maſculine Feud, not forfeitable from that Royall Family:Tillius de re­bus Gal. ca. 4. Were they ſuch a Feud, and barely ſuch, then they might have bin loſt, by the default or defeat of a Father, if they were had and held as an heire, or deſ­cended in contemplation of the Fathers ac­quiring. But in Germany they are not cleerly hereditary eſtates, though none are capable of them but heires maſculine,41 eſpecially of thoſe Royall, more than titu­lar territories and principalities: and they muſt be, not common heires, but feudall;Molin, in cau­ſa Phil. Lan. Heſſiae, Con­ſil. 1. n. 3. Haeredes feudales ſanguinis, vel Haeredes Feu­dales militares; non Haeredes ſimplicitèr pa­trimoniales: and ſo what they enjoy is by right of conſanguinity, not as heires or ſucceſſors: Ʋltimi poſſeſſoris,Decius Conſ. 18. n. 4. ſed primi ac­quirentis. Now ſuch ſucceſſors cannot bee put by, but with the injury and prejudice of the primitive Inveſtiture, which was the foundation of that Feud. Neither doth any ſentence pronounced againſt the Poſ­ſeſſor, daſh or diminiſh what duly deſ­cends to that Family;Franc. Curt. Iun. Conſil. 48. n. 3. (as Curtius) Senten­tia lata contra Patrem, Filiis non nocet, in Feudali ſucceſsione. And great reaſon, be­cauſe ſuch a ſonne doth not ſucceed by right of inheritance, but by right of Con­tract, betwixt that Royall Houſe and the Empire; and ſo the fathers fact, nor for­tune, doth not helpe nor hinder him: (as the Pragmatiques of Italy) Feuda ex pacto conceſſa, pro deſcendentibus de certa familia,Senat. Pede­mont. deciſio. 139. n. 15. non poſſunt ad ſupremum dominum transferri,42 in prejudicium proximorum agnatorum. And they give good reaſon for it: Quia quae venit à genere,Math. de Aff. Deciſ. Neap. 282. n. 19. ſemper remanent, & feuda, quae quis, à Patre non habet, habentur ac ſi pater non eſ­ſet. And thus (I conceive) was the courſe of the Law of England, in the Caſe of Lands entailed, by Contract from the Crowne. And there is ſtill ſome footing for this, in the Tenure of our Gavel-kinde lands, which are not forfeited; but the fa­ther goeth to the bough, the tree of execu­tion; the ſonne to the Plough and poſſeſ­ſion. And if this be Law and reaſon in a privat mans caſe, much more will it hold for a ſupreme Prince, an integral member of the Empire, who ſucceedeth to his Im­periall dignity and Dominions by right of moſt ſolemne ſacred inveſtiture, according to the moſt antient confirmed Cuſtomes, Contracts, Conventions, Tranſactions, and Clauſes conſervative, of the moſt princely Fraternities and Liberties of Ger­many. And therefore they are not to bee detained from him upon ſuppoſition of any delinquency or default of his father (as43 that judicious reſolute Molineus,Concil. 3. in cauſ. Phil. n. 9. in the caſe of the famous Philip Landtgrave of Heſſe reſolveth) Patre moriente moriente naturali­ter, vel civiliter, filius ejus locum ingrediatur, non jure communi, ſed jure prerogato, & prin­cipali, id eſt, Lege Imperiali, ſeu ſimultaniae inveſtiturae; & ſententia contra hujuſmodi in­veſtituras lata, non nocet ſucceſſori, ſed ſtatim locum ei aperiat.

Now to reduce all to a concluſion: The laſt cauſe of nullity is, The defect of judi­ciall proceedings in Subſtantialibus: and that not onely by a dangerous contradicti­on, in proſecuting a Prince for treaſon, up­on inference, to the breaking of the un­doubted fundamentall Lawes of the ſa­cred Empire; but alſo in reſpect of the for­mall proceedings, in the ſentence of his Proſcription. For was it not great inju­ſtice, to queſtion, and capitally to con­demne a Prince, that was never cited? Which is eſſentiall to legall procee­dings: Quia Citatio eſt ſpecies defenſionis:Panor. in Col. Eſpecially where they could not pretend notoriety of the crime; of which we muſt44 be tender, conſidering that many great States and Princes ſent their letters of con­gratulation, and ſo of approbation; and yet in the next place, unheard; unexamined, to be ſo determined of. So that if wee ſhould grant, that the Emperour might judge in his owne cauſe, yet not without judiciall proceedings.

The time limited to the Prince alſo was not competent (being but foure weeks to performe all) though the propoſalls had been reaſonable. But all this forme, that was omitted upon deſigne, was not ſo much as the extending the execution of the ſentence, to the prejudice of the Prince; in minority, unheard, unaccuſed. So that tho the ingratitude (or what elſe was pre­tended againſt the father, which was to be proved pregnantly by five of his Peeres) had been a ground for ſuch a ſentence; yet it being Sententia hominis,Feud. lib. 4. tit. 57. § quot teſtes. and not Iuris; it expired with Ferdinand and Fredericke, and could never be intended by any true interpretation, to reach to poſterity.

So that I much marvell, That the Bava­rian45 Proctors of Ingulſtadt, ſhould pleade and perſwade the Duke to perſiſt in his poſſeſsion, (eſpecially of the Electoral dig­nity) when as in ſo doing, they put the Em­peror upon an action of more inſolent ex­ample, upon no juſt ground, than the Schoolmen or Canoniſts permit the Pope upon any occaſion, (for their Tenent is, Papa non poteſt Electores Almaniae mutare,Aug. de An­con. de po­teſt. Papae. Q. 35. Art. 3. (inter alia) quia eſt materia ſcandali, & ſchiſ­matis) One would think that they ſhould ſomething regard Scandalum magnatum, feare Faction, ſedition, and diſturbance in the Empire, as a ſtrong reaſon to reſtraine the ambition of their Maſter, and ceaſe to urge the Emperor, againſt his Oath to the Electors at his Imperiall Election; and to the Pope at his Confirmation and Coro­nation. Vegetius, de Re militari, li. 1. prefat.Let them remember that of Vegeti­us to Valentinian, Nil rectè inchoatur, niſi poſt Deum, faerit Imperator.

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TextA discoverie of the false grounds the Bavarian party have layd, to settle their owne faction, and shake the peace of the empire. Considered, in the case of the deteinure of the prince elector palatine his dignities and dominions. With a discourse upon the interest of England in that cause. By Calybute Downing, LL. D. pastor of Hackney. Seene, and allowed.
AuthorDowning, Calybute, 1606-1644..
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SeriesEarly English books online text creation partnership.
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Bibliographic informationA discoverie of the false grounds the Bavarian party have layd, to settle their owne faction, and shake the peace of the empire. Considered, in the case of the deteinure of the prince elector palatine his dignities and dominions. With a discourse upon the interest of England in that cause. By Calybute Downing, LL. D. pastor of Hackney. Seene, and allowed. Downing, Calybute, 1606-1644., Downing, Calybute, 1606-1644. Discourse upon the interest of England: considered.. [6], 45, [3], 41, [1] p. Printed by Ric. Hearn, and are to be sold by Thomas Bates, at his shop in the Old Bayly,London :1641.. (Part 2 is "A discourse upon the interest of England .." has a separate t.p., pagination, and register; apparently also issued separately as Wing D2102.) (Wing D2104, Thomason E.160[8] is "A discoverie of the false grounds the Bavarian party have layd ..".) ("A discourse upon the interest of England .." is apparently also issued separately: Wing D2102.) (Reproduction of the original in the British Library.)
  • Rupert, -- Prince, Count Palatine, 1619-1682.
  • Europe -- History -- 1517-1648 -- Early works to 1800.

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ImprintAnn Arbor, MI ; Oxford (UK) : 2014-11 (EEBO-TCP Phase 2).
  • DLPS A81709
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