A German diet, or, The ballance of Europe wherein the power and vveaknes ... of all the kingdoms and states of Christendom are impartially poiz'd : at a solemn convention of som German princes in sundry elaborat orations pro & con ... / by James Howell, Esq.

THE ORATION OF The L: NICHOLAS BAWNICKHAUSEN OF BALMEROD, By way of Apologie, or as a Temperament to the preceding ORATIONS.

Most Ample, Illustrious, and High-born Princes,

THere is no quality more naturally inherent, and so hereditary to humane braines, as variety and difference of opinions, which, I think never appear'd more evidently then in this most learned, and re∣nowned Assembly; but I beleeve that those discrepancies of Judg∣ments, which have happen'd, have proceeded not from any ha∣tred, or Malignant humour, but from the innocent, and free con∣ceptions of the mind; let malice and partiality seek lodging among the vulgar, and not harbour in such noble breasts as yours; 'Tis tru, ther hath been much acri∣mony and bitternes shew'd in detecting the Vices of som peeple, but on the other side ther hath bin as much candor and sweetnes in displaying their vertues; In performance of both, Eloquence mounted up to her very height. But touching the Vices you have spoken of, we must have a due and serious regard of the frailties of humane condition, and it is a high point of injustice to charge a whole Nation with the misdemeanours of a few: so that Apology which the amorous Poet made in behalf of maydes, may be applyed to Nations:

Parcite paucarum diffundere crimen in omnes; Spectetur meritis Natio quaeque suis.

We are all the Sons of Adam, and sprung from his loynes, Omnes mali sumus, and it comes oftentimes to passe that what one reprehends in another, or abroad▪ he finds it at home, and haply in his own bosome. Now, as all quadrupedrall Animalls, except Asses, are subject to a kind of Vermin, so ther is no Nation un∣lesse it be meerly Asinin, but is subject to some infirmities or other; Ther is a free and facetious common saying, Nullam familiam esse in qua non sit fur aut Mere∣trix, Ther is no family (high or low) but hath a whore or a knave in't: Now, if single Families cannot plead such an immunity, how shall we think that whole Na∣tions can be able to do it? The greatest wits have a kind of mixture of madnes, and the best policied peeple, cannot be without som spice of Exorbitancy. The purest fields have som kind of weeds that repullulat among the corn; Either In∣temperance, Incontinence, Idlenes or Hypocrisy, or som other signall vice doth sway

among all peeple more or lesse. Wherupon when Gaspar Slickius was telling Frederique the fourth, that he abhorr'd Hypocrisy so much, that he wold go travell to find out a Countrey wher ther were no dissemblers, The Em∣perour smiling said, Ultra sauro matas ergo & glacialem Oceanum tibi eundum est▪ tamen cum eò veneris non omnino carebit hypocrisi locus, si modo & tu homo non Deus es, Inter mortales enim nemo est qui non aliqua ex parta fictus fucatusque sit. Thou must go beyond Sarmatia, and the frozen Ocean, yet when thou comst thither, thou wilt find that there is Hypocrisie if they be Men, and no Gods, for there is not a Soul among Mortalls but is som way or other fain'd or counterfeited. Vitia erunt donec Homines, Ther will be Vices as long as ther are men, as Cerialis sa•…•…th.

But while we inveigh against the Vice, it is no part of humanity to hate the per∣son, let us hate the ill Manners and not the Man. And being mindfull of our own lubricities as well as of mankinds in generall, let us not be too Eagle ey'd into other mens infirmities, unlesse it be by them to mend our own.

I have heard, most excellen Prince Maximilian, what you have charged the French withall, viz. that they were possess'd somtimes with Furies, alluding to their sundry civill Commotions; 'tis very tru, yet they have not bin so far trans∣ported, but they came to themselfs againe, and I doubt not but the hand of Hea∣ven will in a short time quench these present flames that now rage there, and for us Germans it were our duty to bring all the water of the Rhin to do it; by calling to memory that most holy league which was struck between the Emperour Frede∣rique the second, and Lewis the eighth of France, wherin the most ancient appellati∣on of Germans and Franks, was reviv'd and acknowledgd to be the same nation, & sprung of the same stock, therfore it was capitulated, that when we came to men∣tion one another, we shold mutually term our selfs brothers; We must remem∣ber also how Maximilian the first, caus'd the book which was kept among the Records at Spire, to be publickly burnt, wherin all the injuries and quarrells that had ever happen'd twixt the Empire and the Kingdom of France were couch'd.

And you most adorn'd Baron of Limburg, under favour you have inveigh'd a∣gainst Spain with too much heat, as if she were

Nido di tradimento ove si cova Quanto mal per il mond'hoggi si trova.

As if Spain were the nest, wherin was hatch'd all the mischief that hath befaln poore Europe, since the Castilian mounted to this greatnes. Now as som Painters when they draw a Face take more pains to set out a Mole, or Wert, then the gracefulnesse of the whole countenance, so under correction have you bin pleas'd to delineat Spain unto us; It is true, the Spaniard is much emulated by som, and hated by others, suspected by all; but as many sweet and savoury things are not therfore insipid, because they prove so to squeazy and unsound stomachs, so the Spa∣niard is not so bad of himself, because he is reported to be so, by such who either envy or Maligne him; All Spaniards are not like the Duke of Alva, who because he perfectly abhorr'd a Rebell, such as he held our Countrey-man the Low-Ger∣man to be, did such severe execution upon them; for wheras they alledg that King Philip had broke his Oath, and infring'd their privileges, by introducing the Inqui∣sition, and imposing new taxes, K. Philip answer'd, that 'twas they themselfs who had broken their own privileges first, by receding from that Religion, wherein he found them, and wherin acording as he was engaged to God Almighty by solemn Oath, taken at his Inauguration, he was bound to maintain them, which he could not do but by strength of Armes and a Warre, which they had drawn upon themselfs, and therfore it was just they shold maintain it: For what he did was to preserve his Oath with the Religion, and Immunities he found them in, which they wold force him to violat, therfor they may thank themselfs for the miseries that befell them;

which yet in som respect turn'd mightily to their advantage, for it fil'd Belgium with wealth and tresure; In regard the Spaniard being of so haughty an humor, that he wold not relinquish his right to those Provinces, he employ'd so much Indian Gold and Silver to reduce them that countervayl'd the price of the Countrey forty times over; And had it not been for those unhappy Warrs, the Catholique King might by this time have pav'd all his Churches and palaces with Peru Ingots, and Mezican Patacoons.

Touching the Society of Iesuits, were it not for their Hildebrandian Doctrine, they might be very necessary Members of Church and State, both for the Educati∣on of youth, the propagation of learning, converting of Infidels and other things.

For what concerns Great Britain, Hungary and Poland, truly the Darts which som Noble Princes here have hurld at them, were a little too keen; Touching the two last, those Encomiums which som noble Princes whom I behold before •…•…e have made of them, make a full compensation for what was spoken contra; They a Martiall peeple, perpetually inur'd to Armes, and standing upon their gard, that the Common Enemy shall rush no further into Europe. And for them of Great Britain, as they were in former ages much renoun'd for their trophies and feats abroad, (for one of them built the walls of our Vienna returning from the Holy land, which, to confesse the truth, was more honor to him then to the Arch-Duke, who articled with him to do it) I say as some ages since, the English were famous, so of late yeers they were envied by all Nations for their mighty encrease of wealth and commerce, with peace and afluence of all felicity; Untill these late intestine Warrs happen'd, which makes them now to be rather pittied then Envied, to be rather scorned then respected; yet they have discover'd that the same spirit of magnanimity and prow∣esse remaines still in the hearts of the peeple, as appear'd by those sundry battails, sieges and Skirmishings they had, which were more then happen'd in any Countrey for the time, considering the extent of ground; But that addition of Scotland to England was unhappy and fatall to her, for from that cold Northern dore blew all her troubles.

And now do I much admire what came into that Prince his mind, who spoke of Germany, to be so tart against her, and to throw so much dirt into the face of his own Countrey; surely as I beleeve he took those taunts and contumelies out of som forr ein Author, who was no great friend to Germany; but 'tis as easie for Her to shake them off, as feathers off a Cloak, or small flies when they infest us in Som∣mer; but as Tiberius answer'd one, who told him of som aspersions that were cast abroad upon him, Non indignamur aliquos esse qui nobis male dicat, satis est si hoc habemus ne quis nobis malè faciat; We are not angry that ther are some who speak ill of us, It is enough that we are in such a condition, that no body can do us any ill; so may Germany say of her self. 'Tis too tru, that Caesar hath receiv'd some demi∣nution in point of power, but though som Countreys which seem to have revolted from him seem to usurp his rights, yet he still claims them, and they acknowledg fealty; We know that Frederique the second writ to the Pope, Italia haereditas est mea, & hoc notum est toti orbi; you know Italy is my inheritance, and this is known to all the world, therfore when Pius the fourth wold have made Cosmo of Medici King of Hetruria, the Emperour did countermand it; And afterwards when Pius the fift created him, Gran Duke of Toscany, Caesar did protest against it, as an invasion of his imperiall prerogative; though that title was afterwards confirm'd to Francis his Son by the Emperors special charter, and intercession of friends, yet with this proviso, that he shold acknowledg himself Beneficiary of the Empire. Moreover it continueth to this day that when any difference happen twixt any of the Italian Princes about extent of Territory, the decision herof belongs to the Imperiall Court; Ther is a late pregnant example herof, for when the Genoways had en∣croached upon the Marquis of Final, and had in a manner exterminated him from House and home, the Emperour Ferdinand did summon them to answer for them∣selfs, with this menacing addition, Nisi Feciali suo parerent urbem & agrum Genu∣ensem

se proscripturum▪ If they wold not obey his Herald, his Imperiall Majestie wold proscribe both the Town and Countrey of Liguria, but they conform'd to his com∣mand; Now, ther is no Civilian Doctor but will confesse that Caesar is Lord paramount, and consequently hath Jurisdiction over all the States of Italy, and that it is an incontroulable truth, and a Rule in Law, Nullis Italiae civitatibus leges condere jus esse quae Romanorum legibus quas Fredericus promulgari jussit contrariae sint, Ther is no City of Italy can by right establish any Law that may repugn any way the Roman Lawes which Frederique comanded to be promulgated. Touching the Pope, all the world know that he is no other de Iure but a Vassall or Chaplain to Caesar, who gave him the praefecture of Rome, and the Countrey adjacent; a con∣firmation wherof, he solemnly seeks of every new Emperour: Therfore Caesar is not fallen from his property and Imperiall Right to Rome to this day; Nor is it ab∣solutely necessary for him to make his personall residence in Rome, it being a Rule, Ibi est Roma, ubi est Imperator, Ther Rome is, where the Emperour is; We know that when Constantine the Great, did first transferr his Court to Constantinople, and fixed there, she being the fittest Citty to rule the world by reason of her situ∣ation, yet he and his successors did still entitle themselfs Roman Emperours, pre∣serving still their first rights; as the Athenians were sayed, notwithstanding that they had relinquished the Citty to conserve Athens still in their Ships; So that it may be sayd without much impropriety of speech, that Rome is now at Vienna, or Prague, or Norimberg, whersoever the imperiall person of Caesar is: All the Hans Towns, though they have made use of Caesar, and procur'd large priviledges for som pecu∣niary contributions, yet they acknowledg him still their supreme liege Lord; Adde herunto that Savoy, Lorrain, and Burgundy are members of the Empire to this day; as also the Neitherlands or Belgium, therfore when the confederat Provinces having revolted from Spain, had sent a splendid legation to Elizabeth Queen of England, to take them under her protection, the just and wise Princesse put it to deliberation of Councell, as it appears yet upon Record, An cum alterius principis subditis protectionis faedus inire liceret, & an Belgae faederati offerre jure possent sine Caesaris consensu qui supremus Feudi Dominus erat; I say the said prudent Queen put it to debate, whether it was lawfull to enter into a league with the Subjects of another Prince, and whether those confederated Provinces could make such a pro∣posall with the consent of Caesar who was Soveraign Lord of the Fee: Wherupon the first answer she sent them was, Nihil sibi antiquius esse quam fidem cum honore con, unctam tueri, nec dum sibi liquere, quomodo salvo honore, & conscientia integrâ pro∣vincias illas oblatas in protectionem multo minus in possessionē accipere posset, Nothing, sayd Q. Eliz. was of more Religion to her, then to conserve her Faith conjoyn'd with an honor worthy of a Prince, and that it did not yet appear unto her how with safety of her honor and integrity of Conscience, she cold undertake the protection, much more the possession of those Provinces: Yet afterwards som darknesses and jealousies encreasing 'twixt her and Spain, she undertook the protection. And she prov'd a brave Auxiliary unto them, both for men and Money, in so much that the foundation of that Free State may be sayd to be cimented with English blood; 'Tis tru, that France concurr'd with her for pure politicall respects, for they were both as Remo∣ras to the Spanish greatnes; Therfore although those sixe Fugitive Provinces which have revolted from Spain have been strangers to the Empire ever since, yet all the rest of the Provinces acknowledg their old homage to Caesar.

Now touching the Helvetians or Suisses, although by an Imperiall Diplom or Charter, they have Exemptionem à Iudicio Aulico, Camerali & Rotvillensi, li∣bertatem foederationum, & immunitatem ab omnibus oneribus realibus Imperio de∣bitis, tamen constitutione fractae pacis publicae tenentur, & pacem Imperii publicam violantes in Camera accusari possunt, imo etiam contra omnes Imperii hostes exteros suppetias ferre sunt obstricti. I say, although the Swisses have exemption from Court or Chamber censures, although they have freedom or confederacy, and an immu∣nity from all reall taxes of the Empire, yet in case they infringe the publick peace, they are citable to the imperiall Chamber, and they are bound to bring ayd against all forren Enemies of the Empire.

Touching the excesse of Drinking, wherwith you brand the German, 'tis tru, that no Nation is more sociable and hospitable, which proceeds from the largenes of their Souls, and free Spirits, yet if they are peccant this way, their rare conti∣nence makes a compensation for their intemperance; Yet under favour ther be other Nations that be as guilty this way; For wheras the German doth pelt the brain with small shot, I mean with little draughts, the Englishman doth use to Storm it with Canon Bullet, I mean with huge drawghts at a time, In so much that of the two he is the purer Drinker, for he is the only man who trades in sheere liquor, without eating any thing els, which all other Nations use to do; In so much, that Scaliger doth not hit the humor right in his Epigram, wherin he de∣scants upon three Nations,

Tres sunt Convivae, Germanus, Flander & Anglus, Dic, quis edit melius, quis meliusve bibit? Non comedis Germane, bibis, Tu non bibis Angle Sed comedis, comedis Flandre, bibis{que} bene.

Lastly, touching ITALY, Renowned and Triumphant Italy, that Noble Prince who declaim'd in her praise spoke too sparingly, and he who pleaded against her, spoke too much, he rubb'd her sores with too rigid a hand, specially the imperiall seven-hill'd City, glorious and immortall Rome, of whom it seems that Providence hath a peculiar and more speciall care then ordinary, for although she hath bin so often ravish'd by such swarmes of barbarous peeple, yet she still-holds up her head; and though so many Crowns & Scepters have forsaken her, yet the Crosier bears still up her aged limbs, and keeps her from falling. She, who in former ages preserved her self by Prowesse, doth do it now by piety. Touching her Bishops, that saying of Guicciardin's was a little too virulent, wherin he tells us, Hodie tam depravati sunt mores, ut in Pontifice laudetur probitas cum caeterorum hominum nequitiam non excedit: Ther is such a deprivation of manners now a dayes crept into Rome, that if the Popes vices do not exceed those of an ordinary man, he is accounted vertuous. Touching the wealth of the Church, and the bounty of our Pious progenitors, I am none of those that repine at it, and I wold be loath to deprive Saint Peter of his patrimony, or have any of his lands to mingle with mine, for fear they shold prove as a Canker in my Estate, I wold be loath to exchange Souls with any of those that robb the Church, I would not fill my Chests with such Aurum Tholosanum: Ther was a remarkable thing happen'd in the time of Frederique the second, who being extremely incenc'd against Peter de Vineis his Secretary, caus'd him to be ex∣oculated; yet though he had so lost his eyes, the Emperour readmitted him to his Councel, because he was an extraordinary wise man: The Secretary was very sen∣sible of the losse of his eyes, and therfor studyed how to be reveng'd. Herupon ther being a Warre twixt the Emperour and the Pope, the Secretary de Vineis told him, Vires Ecclesiae suismet opibus esse conterendas, The power of the Church is to be quell'd by her own wealth: Herupon he advised the Emperour to sell som of the Church goods, which he did in Pisa and other places, which being done, the Secretary told him boldly, Imperator, injuriam mihi à te illatam ultus sum,—O Emperor I have now reveng'd my self of the injury that was done me, Thou hast drawn upon thy self already the hatred of men, and now I have drawn upon thee the hatred of God by this act of Sacrilege, therfor all things shall fare ill with thee hereafter, which proved accordingly as the History plainly tells us.

Touching the excesses of some Popes, which Poggio and Platina ripp up, it can∣not be denied but among so many som must be bad; In the first Election that our Saviour himself made of his twelve Apostles, we know ther was one naught, But let it not be forgotten that the first 33. Bishops of Rome were all Martyrs; If the Cardinalls purple seem too gay in the eyes of that Noble Prince who spoke against it, and that som Ecclesiastiques live in too much pomp and Plenty, The Capuchins

frock, and the austere abstemious lifes of other mendicant Fryers may make som compensation for their excesses; If Venice and Naples with other places, have so many Courtesans, the continence of so many thousand cloyster'd sweet soules who have quite divorc'd themselfs from the world, and wedded Heaven, may serve to apologize for the Countrey in generall; Yet I am not so far transported with the love of Italy, (or any Region els) that she may deserve to stand in com∣petition for preheminence with Germany; No, Italy comes as far short of her in that point, a•…•… an Italian mile comes short of a German league, which in som places is five times longer.

DIXI.