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A01238 The declaration and information of the high and puissant King of Bohemia, against the vniust mandates published in the name of the Emperour as also against those that are further threatned to be decreed and executed, touching the Crowne of Bohemia.; Proclamations. 1620-07-01 Bohemia (Kingdom). Sovereign (1619-1620 : Frederick I); Frederick I, King of Bohemia, 1596-1632. 1620 (1620) STC 11350; ESTC S102622 9,241 24

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done lawfully and according to their ancient Lawes and priuiledges and so whether the new Election be in force and of sufficiencie or not nor can he be warranted by any Law or vnder any colour of absolute Imperial authority power and Soueraigntie to aduance and presse thorow the priuate dessignes and particular Austrian pretences with peremptory processe of execution by his own power to make himself iudge in his own cause contrarie to all the Laws Ordinances of the Empire no more then the deceassed Emperours Frederick Charles Rodulph and others in their owne particular controuersies and pretences against any of the States of the Empire did euer vndertake and assume vnto themselues to be both Iudges and parties Besides this The States of the Crowne of Bohemia and the prouinces incorporated to the same acknowledge not any iurisdiction or Superioritie in the Emperor in or ouer the Kingdome excepting that which concerneth the Feudarie Lands had from the holy Empire because they are not subiect to the Romaine Emperour nor to any of the holy Empires censurers Note this well either at the Imperiall Court nor in the Chamber at Spires nor also to any other constitutions of the Empire nor Assemblings and common decidings decrees Tracts and decisions of the Empire but haue their owne ancient Countrie Lawes Priuiledges Ordinances Exemptions and Customes whereby they are gouerned Whereby it easily appeareth how vnseasonably and without reason the Emperours priuie Councell in this priuate businesse arrogate against vs vnto themselues the office of Iudges whereunto in regard of their Persons or Qualities they are not called nor by the temporall Princes Electors and other Princes are acknowledged or deemed to be such as are worthie of their owne authoritie to assume such Princes power as by such vnfit and disordered proces of no force nor validitie to proceede against a King and a Prince Elector But if his Imperiall Maiestie as Archduke of Austria be resolued orderly and by due course of Law to prosecute and produce his pretended hereditarie claime to the Crowne of Bohemia then he ought not to doe it before his owne priuie Councel and seruants A poynt verie obseruable but according to the Lawes and Priuiledges of the Crowne of Bohemia before their owne Iudges vnto whom such high and weightie causes doe appertaine and must as plaintife and actor Forum rei sue and follow the same before them and according to the Ordinances of the generall Common Law as on the other side if as Emperour of Rome hee be sued by order of Law by any other according to the golden Bull of Charles the Fourth hee ought to appeare plead and answer before a Palsgraue Prince Elector and therefore neither can nor ought to be his owne Iudge As now it is to be hoped that no impartiall person whatsoeuer may any waies doubt of the insufficiencie and manifest nullitie of the aforesaide pretended Imperiall Edict of cassation So likewise we are fully perswaded that from the same or the like grounds no man will nor can but hold and esteeme the alreadie thereupon ensued Imperiall rigorous mandates as also all such others which are threatned as may hereafter follow and be made against vs or others either belonging vnto vs or aiding of vs to bee void and of none effect as in verie truth of themselues they are and which we as occasion serueth and our necessitie requireth are determined in all euents as is lawfully permitted vnto vs to withstād repugne in as much as the said proceedings deriued from a passionate minde and concerning his owne priuate pretended right are done without any lawfull examination or knowledge of the cause and then specially when his Maiestie hath alreadie hitherto chosen another course by force of armes and therein hath not omitted any kind of hostilitie whatsoeuer whereby he hath directly not onely proceeded contrarie to the common Lawes of all Nations but also against the good and profitable Constitutions of the Empire and the Sacred corporall Oath ratified by Imperiall Capitulation whereunto his Maiestie also hath bound and obliged himselfe in these words following That neither he nor any other for him or in his name or behalfe will or shall by violence or force molest or trouble any of the Princes Electors Princes Prelates Earles Barons nor other States of the Empire in any manner But that if his Imperiall Maiestie himselfe or any other particular person hath right or cause to demand or sue for any thing of them all in generall or of any of them in particular for the auoyding and preuenting of all dissentions troubles and other inconueniences in the Empire thereby to preserue and maintaine peace and vnitie he will and shall proceede by lawfull order and processe and in such cases where hee or they may haue iustice by Law be willing to submit themselues thereunto and will by no meanes nor vnder any pretence whatsoeuer permit nor suffer them to be molested hurt or inuaded by warre burning defiances or any other manner of hostilitie whatsoeuer That his Maiestie also shall foresee and hereafter by no meanes suffer nor permit that any of the States of high or low degree Princes Electors Princes or any others shall without iust cause and lawfull audience wrongfully be proclaimed or declared guiltie of proscription and banishment But that all cases shall bee proceeded in according to the ordinarie processe and the holy Romane Empires Lawes established to the direction of the Lawes of the holy Empire and the reformed order held in the Imperiall Chamber and agreeably be fully and strictly obserued and followed And then lastly that his Maiestie contrary to the golden Bull and other Lawes and Ordinances of the holy Empire shall not in any manner nor by any meanes of his owne authoritie send out any Rescript Mandate or other preiudiciall Commission nor by way of entreatie procure the same from any other magistrate whatsoeuer with this expresse clause That if any thing repugnant to the aforesaid Articles and speciall points be either obtained or sent forth that the same shall be in all respects wholly frustrate void and of no force at all As therefore in this present difference wherein We now are at controuersie with the Emperous Maiestie concerning the priuate particular pretence which hee maketh as Archduke of Austria vnto our lawfully possessed Kingdome of Bohemia and the Prouinces incorporated thereunto We are not as yet at all summoned by ordinarie course of Law to appeare which We are readie and willing to doe and performe so it be in an indifferent and conuenient place and before vnpartiall Iudges according to the priuiledges of Bohemia So no man can nor ought to think hardly of Vs for refusing to obey the Imperiall Monitorie Mandate published and sent forth against Vs bearing date the 30. of Aprill last past as being wholly opposite and contrarie to all the Lawes and Ordinances of the Empire and which also is by vertue of the aforesaid
ensuing mischiefes haue not spared nor refused to vse any good meanes nor to giue any true and vpright counsell therein To the which end at the last election day holden in Frankefort by our fully authorised deputies together with the aduice and counsell of our fellow temporall Princes Electors wee did most faithfully and diligently labour and gaue our aduice to procure that before wee handled or dealt in any other matter the hostile troubles raysed in the Empire and specially in the Kingdome of Bohemia might first be brought and reduced to a peaceable and quiet State for the effecting wherof we wished desired nothing more then that the Ambassadours of the States of Bohemia then sent to Frankefort which by our deputies was oftentimes moued at their instant request might haue beene admitted and heard and not as they were so contemptuously reiected and put off And the electorall Records of the last proceedings in the said Election at Franckfort can witnesse That our fully authorised deputies were as vnwilling vnto the said contumelious refusall of the Bohemian Ambassadours as we were readie to the approuing and admission of his Imperiall Maiestie as King of Bohemia into the electorall Colledge but rather oftentimes haue protested and declared that wee by no meanes would derogate any thing from the liberties and rights of the States of the Crowne of Bohemia nor thereby in any manner seeke to prejudice either the one or the other Therefore because such good and faithfull admonitions aduice and protestations could take no effect but to the contrarie the said Ambassadours of the States of Bohemia against their ancient nationall Lawes and Priuiledges were constrained with great disgrace to goe home againe vnheard their propositions set downe in writing not propounded nor read in the Electorall Colledge nor yet the cause orderly and lawfully discussed and handled the Countrie in the meane time being so grieuously afflicted by continuall and most extreame hostilitie and deuastation as the like hath not beene heard of So that the interposition then made and propounded to the electorall Colledge which notwithstanding required much time and in the meane while the Kingdome of Bohemia might haue beene vtterly spoyled and ouerthrowne could not be brought to any effectuall treatie neither was by the contrary part earnestly nor with befitting zeale esteemed of nor considered vpon as conueniently it ought to haue beene but much rather purposely the businesse was delayed that so in the meane time the Countrie might bee weakned and tyred out For these considerations the States at that time assembled together in the Citie of Prague beeing then in danger of falling into most great extremitie and distresse as also despayring of any equall and impartiall redresse of that the contumelious reiection and refusall of their said Ambassadours were constrayned and forcibly compelled to vndertake some other meanes by vertue of their ancient and legall priuiledges and to proceede to the lawfull alteration of the Crowne as it is now knowne vnto the World thereby to preserue and saue themselues from vtter ruine and final destructions as by their publique Apologies and Deductions set forth and imprinted doth sufficiently and at large appeare From whence all men yea also euerie simple man may easily know and perceiue That the causes and motiues whereby the States of Bohemia and the Prouinces thereinto incorporated were enforced to this finall resolution are not in any manner to be ascribed vnto vs whose care and indeuour still was imployed by all the meanes that could be to procure that peace quietnesse and concord might be againe reduced and re-established within the holy Empire as also that in the said Kingdome of Bohemia as a speciall and principall Electorall Principalitie the troubles raised and begun might be appeased and the same reduced to a peaceable and quiet State But much rather vnto those who at the verie beginning preferring force of armes before friendly means at the aforesaid Electorall day neglected and reiected all good counsell admonition and protestations seeking all the meanes and waies they could to aduance and effect that their so long before premeditated intent and secret meaning And the processe of these affaires manifestly shew how little the contrarie part is and hath bin inclined to any peaceable course of proceeding as their actions sufficiently testifie and especially hereby in that we at the beginning of our Regall gouernement when occasion was motioned of entering into a peaceable treatie willingly offered to yeeld thereunto The same was notwithstanding by them vtterly refused and reiected And whereas it is imputed vnto vs as if wee by our accepting and taking of the Crowne offered vnto vs both orderly and without all intrusion and according to the ancient Lawes and fundamentall Ordinances of the Kingdome of Bohemia and their olde customes by lawfull precedent abdication altogether free and vacant should thereby rebelliously by force of armes haue of our owne actuall manner vndertaken to pull away the said Kingdome and Prouinces incorporated vnto the same from his Imperiall Maiestie contrarie to the common peace of the Empire therein we finde our selfe to be altogether ouer much wronged and may in regard thereof vndergoe and stand vnto the censure of all indifferent persons both within and without the Empire For seeing that by the fore-mentioned seuerall published deductorie Writings of the worthie Bohemian States not onely their right and lawfull causes of vndertaken Reiection but also their anciently descended well grounded lawfull Right of free Election and that no man with equitie nor vpon any good ground or solid reason and iust foundation can boast of any lawfull succession to the said Realme much lesse by dangerous conuentions cessations and transports wholly opposite to the Fundamentall Lawes made against and without the knowledge and consent of the said States transport the often foresaid Kingdome of Bohemia and proprietie of the Empire and other the noble Countries vnto any out-landish strangers That all men may sufficiently perceiue what great wrong and iniustice is offered thereby vnto vs by proceeding against vs in such manner who neuer sought nor desired to wrong any one nor take away against right from any man of how meane estate soeuer he were any thing that belonged vnto him And although the Emperours Maiestie within a short time after our Coronation in an edict published before this latter Mandate by diuers colourable circumstances and allegations hath taken vpon him not onely to contradict but altogether to annihilate and make void the aforesaid Reiection Election and Coronation made conferred vpon vs by the said States of the Crowne of Bohemia Wee doubt not but that euery man may easily iudge and discerne that his Maiestie who in this cause touching the saide States of Bohemiaes Abdication or Reiection and therupon ensuing Election and Coronation presumeth vpon certaine suppositions and pretences of the house of Austria being but a partie plaintife is not for himselfe to iudge whether the States of Bohemia haue herein