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A16294 Bohemica iura defensa. = The Bohemian lawes or rights defended, against the informer or an answer to an information, falsly so called, secretly printed and divulged against the writings published by the states of Bohemia. Translated out of Latin by I.H.; Bohemica jura defensa. English. Harrison, John, fl. 1610-1638, attributed name.; Holy Roman Empire. Emperor (1619-1637 : Ferdinand II); Holy Roman Empire. Emperor (1612-1619 : Matthias); Spain. Sovereign (1598-1621 : Philip III) 1620 (1620) STC 3205; ESTC S121199 29,084 53

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the death of VOGENVS the whole people wel nere of all Bohemia Anno 822. doe assemble together at the Castle of Vicegrade where there arose great controuersie whether of the two sonnes of VOGENVS when some for the goodly stature of his bodie wished rather the yonger others the elder ought to be chosen CREVOMISLIVS at length after diuers concertations is ELECTED and both the brothers to wit CREVOMISLIVS and VRATISLAVS were contented to abide the decrees of the Nobles and States And this solemne act of the confirmation of CREVOMISLIVS in so great an assemblie of people in their owne Language applauding Viuat viuat CREVOMISLIVS this is our Duke and will preserue vs in all honour and prosperitie commeth well to be noted CREVOMISLIVS dying Anno 852. the States assembled againe saluted and ELECTED NECLA with verie great acclamations who departing this life all the people come together at the fountaine of Gesenlia and there ELECTED HOSTIVITIVS the sonne of NECLA Anno 873. The Historie in this place maketh mention of a sort of Nobles of Bohemia called LOPOTES these were Lieutenancs of Prouinces who did prescribe Lawes both to the people and Peeres of the Kingdome yea euen to the Dukes themselues and saith they did also participate of the gouernement of the Kingdome The ELECTION also of BORIVORIVS the son of HOSTIVITIVS which fell out in the yeare 890. Heathenish Sacrifice being vsed as also of the Duchesse who afterwards by the said LOPOTES was ioyned in marriage with BORIVORIVS is with diuers circumstances described by the Historian BORIVORIVS who first receiued the Sacrament of Baptisme willing to bring in Christianitie expulsed out of his Kingdome in his place STVGMIR of Bauaria was ELECTED Anno 895. Whom notwithstanding seeing he was ignorant of the Bohemian tongue after two moneths sufficiently rewarded they sent home againe Whereupon a Prince now wanting againe great tumults did arise Wherefore a generall assembly was called at Vicegrade for the ELECTING of a new Duke and there pro and con both for and against BORIVORIVS great clamour disputed by armes at length the Boriuorians Victors it was concluded for BORIVORIVS The yeare following 897. in the month of March the States do againe assemble and there with one consent an Embassage decreed for the recalling of Boriuorius out of Morauia This man after with the consent and approbation of the States resigned the Dukedome to his sonne Spitigneus who a little while after dying thereafter Anno 907. the aforesaid Lopotes doe assemble where after diuers and long treaties Boriuorius againe is called who when as now he had giuen himselfe to a priuate and quiet life giuing thankes to the States for their so propense loue towards him he doth intreat them for his sonne Vratislaus to be ELECTED Notwithstanding the States although they had conceiued some doubt by reason of his sonnes tender age yet animated with the fathers counsailes at length they ELECTED him and aduanced him into the seate of the Dukedome Vratislaus dying Anno 916. after diuers publique assemblies Wenceslaus his sonne being now of riper yeares in the presence of the States doth speake vnto his mother a Widow and hitherto euilly administring the Dukedome on this manner Know mother that the Lopotes Lords and Nobles of this State haue ELECTED mee for their Duke wherefore rest thou thy selfe contented with the right of thy widowhood leaue the charge of reigning and ruling to mee And thus was Wenceslaus with the consent and applause of the States and people declared Duke of Bohemia This Wenceslaus famous for his pietie and Sanctimonie being slaine by his brother Boleslaus a tyrant into his place Anno 967. Boleslaus the second as the Historian testifieth was ELECTED Anno 1003. the States againe assembled and ELECTED Iaromyrius the sonne of Boleslaus his father and that against the counsell of the States departing into Polonia and desiring that if any disaster should befall him as indeed afterwards he was depriued of his sight they would ELECT his sonne into his roome Vdalricus persecuting his brother Iaromyrius Bretislaus Anno 1037. was ELECTED But the ELECTION of Spitigneus the sonne of Bretislaus which happened in the yeare 1055. by reason of the multitude of the dead mans children was verie solemne for the States in verie great number assembled and the testament of the Duke deceassed wel weighed all of what condition state or age soeuer they were ELECTED the elder sonne of Bretislaus Spitigneus by name After him his brother Vratislaus who according to our Author first obtained the title of King from Henrie the Emperour by common suffrage of all is ELECTED To him Conradus his brother by the free voyces and ELECTION of the States was substitute who although he left behind him two sonnes yet those reiected they did ELECT his cousin Bretislaus and after that Anno 1100 Borsiuogius After this those that were descended from the Dukes and Kings stirred vp great tumults wherefore Suatoplucus the Duke Anno 1109. being slaine in battaile the Emperour at that time present spake thus to the Bohemians My Lords I call God to witnesse I take the death of this Prince heauily but seeing it was his will it is your parts now which soeuer of his sonnes suruining you had rather to ELECT into the Place of his Father But the States at that time present desired Otho the brother of him that was dead the Emperour approuing thereof vnto whom notwithstanding after the rest of the States opposed themselues with all their might whereof hereafter more at large Thus farre Haiecius the most famous Writer of the Bohemian affaires alledged also by the Author of the information himselfe out of whose Copie printed at Prague in the Germane Tongue Anno 1596. with the priuiledge of Rodulph the Second of godly memorie Emperour all these things were faithfully transcribed and tra●slated Where also the Germane words Election or Right of Electing doe differ from the words of Receiuing or Hereditarie succession as farre as heauen from earth For another thing is Erivahlen to ELECT Anegmen to receiue and Ererben to take by Hereditarie right Which words also in the reuersals of the Emperours Rodulph and Mathias de Anno 1608. as hereafter more at large shall be demonstrated are read expresly distinct And for the greater demonstration of the vaine glosse of the Informer let vs heare the Authors who hitherto haue written the affaires of Bohemia in the Latine tongue Dubrauius making mention of Nezamislius the sonne of Primislaus expresly saith thus Though he were dull and void of vnderstanding yet for the memorie of his father he obtayned the fauour of the States and of them in the solemne accustomed manner was saluted Prince in the castle of Visserade Vicinus taking it hainously who thought himselfe rather worthie the same dignitie of a Prince And after Hostivitius his younger brother taking it grieuously was put by the States in his fathers place
voyces with great content helped Matthias but the maior part desired for their King Vladislaus the Sonne of the King of Polonia a young man and by reason of his age not infected with any partiall Factions the greater number preuailed In this Election there can no Historian bee alleaged who saith that there was mention made of Bloud and Linage For if the Royall Stocke and Linage had giuen any occasion to ELECTION well might the Sonnes of William of Saxon comming of the elder Sister of King Ladislaus haue beene preferred before Casimire Sonne to the King of Poland of the younger And although afterwards the afore named Vladislaus King of Bohemia agreed with the States for the electing and crowning of his Sonne yet after his death when his Sonne sent his Ambassadors with the Ambassadors of the Emperour and King of Poland to the States the first time they suffered a great repulse at length after a whole yeare very great controuersies by reason of the Oath and other circumstances arising and first extinguished with very great difficultie he is elected These are the words of Dubrauius The States doe promise the free Gouernment to Lodwick vpon this condition that so soone as hee should come into Bohemia he should confirme the Lawes and Liberties of all the States with his owne mouth by Oath as is accustomed to the Kings of Bohemia Lodwick being dead the ELECTION againe was held with very great Solemnitie where although Ferdinand alleaged his double right as well in respect of his Wife Anne the Daughter of Lodwick that was dead as also in respect of the Pactions of the Family yet the States none of all these things regarded did make haste to the solemne ELECTION And ordayned out of euery of the three Prouinces eight ELECTORS for the choosing of a King yet taking first a solemne Oath to elect the most worthy It is true indeed that Ferdinand was elected but for other causes wherefore also thenceforth he renounced those Rights before pretended and by his Ambassadors moued by expresse reuersalls the tenour whereof is this We Ferdinand by the grace of God King of Bohemia Infant of Spaine Archduke of Austria Marquesse of Morauia Duke of Luxemburgh Silesia and Marquesse of Lusatia c. Doe make knowne to all men by the tenour of these presents how that the Barons Nobles and also Cities and the whole Comminaltie of the Kingdome of Bohemia of their free and meere good will according to the Liberties of that Kingdome haue ELECTED vs for the King of Bohemia wherefore wee acknowledge that wee haue vnderstood this thing from their Ambassadours and know indeed and find that the fore-said States and Comminaltie of that Kingdome not of any right but so as before is written choosing vs for King of Bohemia of their free and meere good will haue made that ELECTION Witnesse these our Letters confirmed with our Seale annexed Giuen in the Citie of Vienna the 13. of December 1526. For the answer of these reuersalls that they to wit Anno 1545. and 1547. in the Parliament were changed the States with the Prouinces incorporate doe alledge Ignorance altogether and they of the house of Austria seeing they affirme it let them also looke vnto it how they will proue it yea if further inquirie should bee made into this Parliament it would easily be euicted their proceeding to haue been verie preiudiciall and dangerous to the liberties and priuiledges of the Bohemians And so the Bohemians shall be destitute of no defence either of exception of default of authoritie or of constraint by violence or feare or of other things that may make for them After that in the yeare 1549 Maximilian at the instance of his father Ferdinand in the same manner altogether as the sonne of Prim●slaus was ELECTED King and after his fathers death Anno 1562 was crowned The same happened Anno 1575 with Rodolph the sonne of Maximilian How Matthias Anno 1608 came vnto the Crowne there is no man ignorant for the reuersall Letters aswel of Rodolph as of Matthias doe plainely shew that he attained to the Crowne of Bohemia neither by transaction or disposall or priuiledge or treatie or by the clause of Charles the Fourth or any other Right but onely by the free and lawfull ELECTION of the States The reuersalls of Rodulph among other things are in this manner We haue required the States of Bohemia that if we should happen to die without heires Males they would accept for their future King the Archduke Matthias our eldest Brother after that hee hath lawfully sought it of them according to their priuiledges and that after our death they would ELECT and crowne no other but him stedfastly hoping that the States both for the aforesaid weightie reasons and the generall good of the Kingdome will condescend to this our friendly petition We on the other side for vs our heires and all our successors of the kingdome of Bohemia do promise that this acceptation and after our death ELECTION and coronation of our welbeloued Brother shall no way bee fraudulent or preiudiciall neither to their receiued priuiledges statutes donations customes c. especially from the time of Ottocarus Iohn Emperors Charles Wenceslaus Sigismund Albert Ladislaus George Lodwicke Ferdinand and Maximilian our most deare Father In witnesse c. The words of the reuersall Letters of Matthias are these We haue often desired our Lord and Brother the Emperour Rodolph that during his life time he would desire the States for the acceptation of vs wee notwithstanding first lawfully demanding the same as the eldest brother of his Maiestie so as his Maiestie dying without lawfull heires Males they would not ELECT for their King and crowne any other besides vs. To whom assembled a large proposition being made from his Maiestie and our Embassadours present we haue there promised that if the petition of his Maiestie bee yeelded vnto this shall nothing at all der●gate from their liberties priuiledges and ancient obserued customes Which done the States with a free and ioynt consent vpon his Maiesties proposition and our petition haue declared vs for the time to come and after the deceasse of his Maiestie without heires Males as the eldest brother of his Maiestie to be elected and crowned King c. And this declaration of the States wee doe promise shall not derogate or any way be hurtfull to their priuiledges nor ought to be c. By that which hitherto hath beene said it may easily appeare the Kingdome of Bohemia to be altogether ELECTIVE and not at all hereditarie yea and that the right of ELECTION can neuer by any treatie disposal paction or any other way be infringed or limited For the right of ELECTION as hath beene often remembred tooke her beginning not from any Prince but from the most ancient foundation of the Kingdome euen to this day inuiolate and vntouched in a continued course and order without any interruption at all And although against
committed to the multitude in print bua that the other Informer hath euen in forced good men fauouring the equitie of the cause hereunto who surely lest he should seeme both to himselfe and others ouer wise haue thought this Information very fit to be published Let the wise iudge whether is more solid and let the prudent Reader adhere and cleaue vnto that which is the plainer and grounded vpon best proofes THE ANSWERE To the Information against the Apologies and Writings of the States of Bohemia The first Part. THE pretended Information therefore saith The Kingdome of Bohemia is not Electiue but in case c. And a little after Neither is it true that it hath continued the ELECTIONS free from six Ages First of all therefore we must establish the Right of ELECTION belonging to the Bohemians which the Informer goeth about to ouerthrow then after must examine the proofes produced to the contrarie from the selfe-same Historians which the Informer for the defence of his owne cause doth alledge For the Kingdome of Bohemia with the Prouinces incorporate any one void of passion being iudge it is most certain that from the very first beginning it hath beene altogether free and neuer subiect to any Hereditarie Succession and hath preserued this Libertie entire and hitherto inuiolable not at all verball onely of no force vertue and effect as the Informer falsly informeth The words of the Informer are these That in the Bohemian tongue euery assumption or receiuing of a King indifferently whether it bee done by right of Succession or by true ELECTION is signified by the word ELECTION largely and generally taken though improperly Is not this tergiuersation more then ridiculous For the Bohemian tongue is not so barren but that it is able to distinguish ELECTION from Inheritance yes those words of ELECTION and Inheritance in the Bohemian Language to bee most different the Bohemian Historians as also others who haue written in the Germane and Latine Tongues to wit Dubrauius Aencas Syluius and others and the Priuiledges also of diuers Emperours doe teach and declare Therefore for the confirmation and strengthening of the said free ELECTION of the Bohemians it is to be noted the same together with the most free States and Bohemian Nation from none either Emperour King Monarch or Prince to haue taken her first beginning For Czechius after whose name euen to this day the Bohemian Nation in their owne Proper speech is so called was the first who with his Legions inhabited that Kingdome before desert adorned with no Lawes or Policie who being dead when for the want of a Prince diuers Controuersies Iarres and Discontents heere and there did arise it was decreed by common counsell and with one consent for the ELECTING of some one to whom as to their Prince they might performe obedience Instantly hereupon Crocus a man excelling all others in fame and highly beloued of all was ELECTED And so in the yeare of Christ 670. the first foundation of the Right of ELECTION was laid By this forme of most free and lawfull ELECTION and by no other Law or Right whatsoeuer all the succeeding Princes called Dukes of Bohemia from the said yeare 670. vnto the yeare 1109. and so for the space of 579. yeares fully complete without any manner of Impediment of any either Prince or Lord haue beene aduanced to that Gouernment And chiefly the circumstances of Historians in these cases are well to be weighed For scarce or not at all indeed any succession of a new Prince is at any time described where there is not mention made of the conuocations at leastwise of the Nobles of the Kingdome and of the consultations for the ELECTING of a new Prince And there can bee no example found although the Son succeeded the Father where euer the said ELECTION hath beene omitted and oft-times the children of the dead Prince neglected his brethren or others also many times the younger before the elder haue beene preferred and ELECTED Yea the children and descendents of Czechius the first founder of this state not regarded they haue ELECTED Crocus wholly of another Family as Haiecius testifieth For during that most great Confusion and Anarchie the wiser sort and haters of euill called the whole people of both Sexes to the Sepulchre of Czechius proposed the ELECTION of a new Prince and with the generall consent of all ELECTED the afore-said Crocus And the reasons of this ELECTION are also set downe by other Historians For Cosma Pragensis saith thus This man was in deliberation of iudgements discreet to whom as well out of the proper Tribes as out of the Comminaltie of the whole Prouince euen as Bees vnto the Hiue all men did flocke for the deciding of controuersies And George Bartholdus testifieth Crocus a iust man and of great esteeme and authoritie at that time among the Bohemians was Elected Prince Fiue Moneths after the death of Crocus which happened in the yeare 710. the States of the Kingdome and the Prelates againe assemble for the ELECTING of a new Lord and doe establish in the Gouernment Libussa whereof growing verie wearie as being foeminine shee speaketh on this maner to the States Depart ye and that day I appoint you returne to me againe whomsoeuer then you shall ELECT for your Prince hee shall bee my Husband And by this meanes Premislaus Anno 722. obtayned both the Principalitie and Libussa Where Cosma Pragensis introduceth the people speaking thus to Premissaus Our Lady Libussa and all the whole people doe command that thou come quickly c. Thee our Duke thee our Iudge thee our Gouernour thee our Protector thee onely doe we ELECT for our Lord. Premislaus diseased and growne old calleth the States together as Haiecius testifieth Anno 745. gaue them great thankes that they had ELECTED him and did entreat for Nezamislius that hee might bee ELECTED who also by this meanes of the Nobles was ELECTED and aduanced to the Gouernment of the Kingdome After his death the Barons Nobles and Peeres with the whole people Anno 783. assemble together before the gates of the Castle of Prage and with one consent doe ELECT and salute Mnatha the sonne of Nezamislaus for their Prince Duke Mnatha Anno 804 leauing his Sonne Vogenus desperately sicke dieth The States lest also his sonne should est-soones pay his debt to nature and so by reason of the ambition of the Nobles fearing sedition might arise each one of these great ones aspiring to the Dukedome they constitute another Rohonicus by name But this man ruling with verie great rigour they assemble againe ELECT Vogenus and leade him to the Dukes seat to wit the castle of Vicegrade But Rohonicus who at that time was in the said castle pretending a former ELECTION doth defend himselfe with verie great force At length breaking open the gates by flight hee seeketh his safetie and Vogenus is confirmed in the Throne After