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 traâ—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
disposall of Vladislaus which also the clause of Charles the fourth which eight yeares after hee put in the Golden Bull Imperiall doth approue These are the words of the Bull Sauing yet alwayes the Priuiledges Rights and Customes of our Kingdomes of Bohemia as touching the ELECTION of a King in case of vacancie by the inhabitants of that Kingdome who haue right of Electing a King of Bohemia doing according to the contents of their Priuiledges and long obserued Custome from the sacred Romane Emperours or Kings obtayned the which by this Imperiall Decree wee minde in nothing to preiudice Yea wee doe order the same now and euer hereafter in all the tenour and forme thereof shall be of most vndoubted strength and validitie Seeing therefore Charles the fourth here-hence in the now cited Bull Imperiall doth so strictly in case of vacancie of the Kingdome prescribe the maner of Electing according to the Priuiledges and long obserued Custome of the Bohemians And that there the Customes and Priuiledges of the Bohemians haue nothing at all which may make for the aforesaid clause of confirmation Yea in as much as Wenceslaus his Father Ottocarus yet liuing by no other Right but of ELECTION attayned to the Kingdome and this ELECTION approoued and confirmed by Charles the fourth himselfe It followeth necessarily that now Charles the fourth hath debarred himselfe from the right of that clause and that in no wise it can bee extended further than the Issue descended of his Family now at this day extinct And if others of the Female Line descending from Charles the fourth should be substitute assuredly both Kings and Electours and Dukes whereof hereafter more at large from thence also drawing their Pedigree would be found much nearer to the Crowne Adde hereunto that by the new constitution of Charles the fourth de Anno 1356. the Sons of the Kings could by no meanes reigne without ELECTION going before The States also afterwards obserued this very strictly and chiefly Anno 1438. For so saith Dubrauius Albertus made haste into Bohemia that by his owne presence hee might approoue and confirme the ELECTION there of him made against all those who not only dissented from it but had made choice of another for their King a verie Child to wit Casimire brother to the King of Polonia And Curaeus a Writer of Silesia one of the incorporate Prouinces of Bohemia hath these expresse words Sigismund the Emperour dying without Heire Male before his death was a chiefe Authour and meanes to the Nobles of both Kingdomes to wit Hungarie and Bohemia that they would ELECT Albertus Prince of Austria with whom Elizabeth the Daughter of Sigismund was ioyned in Marriage The counsaile of Sigismund was yeelded vnto and the Gouernment conferred vpon Albertus If the Kingdome had beene Hereditarie and to haue fallen by right of Succession to the Daughter of Sigismund the Wife of Albertus what needed the Authoritie of Sigismund or his Counsell After the death of this Albertus notwithstanding hee had a Sonne borne after his death they ELECTED Albertus Duke of Bauaria without any respect at all had either of Bloud or Linage These are the words of Syluius The Bohemians after the death of Albertus was knowne assembling at Prage make one bodie of the whole Kingdome and appoint a day for the ELECTING of a new King Those who hated Albertus deny his Sonne to bee King This sentence preuayled Therefore Albertus Duke of Bauaria by the greater part of the voyces of the Lords is declared King And here is very remarkeable the reason of Duke Alberts refusing of the Kingdome which as Dubrauius testifieth was not in respect either of Bloud or not of competent Election but of the difference onely of Religion and of discord For so expresly writeth DVERAVIVS Albertus Prince of Bauaria contrarie to all mens opinions excused himselfe for not accepting of the Kingdome of Bohemia Answering that hee had rather dye then reigne in that manner as the Bohemians desired for they desired that hee would not onely allow and approoue the Communion in both kindes but also protect the same with all his estate and power against all Aduersaries whatsoeuer Haiecius also doth by all meanes confirme this excuse of Albertuss saying he was otherwise much enclined to receiue the Crowne and that he went to the Confines of Bohemia as farre as Chamus that hee entertained the Bohemian Ambassadours sent thither in the Bohemian Tongue and gaue them thankes for so great Honor conferred vpon him Neither to haue regarded the Reasons of the Emperour Frederick pretending I know not what right for his Nephew but onely to haue alleaged the Dispute of Religion Which done the Regall Dignitie was offered to Frederick who although hee did produce for excuse the rights of his Nephew Vladislaus yet there were other and that more pregnant reasons of his refusall of the Kingdome which Haiecius doth deduce in Anno 1441. Two yeeres after the States againe send their Ambassadors to Frederick and because he refused the Kingdome they desire out of hand to know whether he would permit and grant it to Ladislaus Adding that otherwise they would proceed to another Election Frederick therefore doth attempt all meanes for his Nephew who being elected and afterwards dead the Right of ELECTION Anno 1458. was againe confirmed much more For so Dubrauius In Bohemia there was neuer more ambitions hot pursuite in Parliament for electing a King so many so great Competitors there were which kindled it Where among seuen or eight among whom the Emperor himselfe Kings also Princes were Competitors the States to shew their most Free Right of ELECTION with one consent all the former reiected elected for their King Georgius Podiebradius c. Here the words of Dubrauius come well to be noted If the French Ambassadours might haue beene admitted and heard in Parliament the opinion was that they would haue carryed it away by voyces Where is here although the aforesaid Sutors omitted not to alleage what pretended right euery one of them had where I say is that so often repeated clause of Charles the fourth or restraint or limitation Had not the free power of ELECTING a King taken deep root in the hearts of the Bohemians Yea for the greater demonstration of this Libertie the Sonnes of Podiebradius that was dead neglected wherof hereafter more at large a new and solemne Parliament is celebrated for the ELECTING of a King hereupon Dubrauius It was a solemne custome that the Parliament for creating a King should be celebrated at Prague but it seemed good among so many diuers affections and dispositions at that time of all the States and hauing Prague in great iealousie and suspition to translate the Parliament to the Hils of Cuttemberg publike assurance and safe conduct being giuen to all men to come thither and returne freely and with great libertie to end the giuing of their voyces Rosensis and others c. giuing their
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
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 Primâ—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 derâ—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
Historie maketh no mention for the said free ELECTION of Albertus For to the deciding of our case this doth nothing at all appertayne The ELECTION of Podiebratius was not onely lawfull but also confirmed by Frederick the Emperour himselfe the head of the House of Austria and to Podiebratius his Predecessor Ladislaus at the point of death speaketh thus I must now dye the Kingdome to come into thy hands I aske of thee two things one that thou gouerne the Prouincials iustly c. The other that those who haue followed mee out of Austria and the other Prouinces thou send them backe safe into their Countrie without any violence offered them Where is this Hereditary Succession Wherefore the words of the Informer concerning the Successor of Podiebratius where he saith After the death of George although hee left Heires Males yet the Kingdome to haue returned againe of right to the ordinarie Succession Is nothing but a meere Cauill and idlenesse for these are the expresse words of Cromerus Podiebratius signified to Casimire King of Polonia that hee would ordayne one of his sonnes with the consent of the States of Bohemia for his Successour his owne sonnes neglected not by any Hereditarie right of a Kingdome which is none at all among a free Nation but by a singular inclination and affection of all the Bohemians towards Casimire and communion of Language with the Polonians Where is this ordinarie succession which the Informer dreameth of Is it to bee found in the designation of Podiebratius or in the inclination of the Bohemians or in the communion of Language with the Polonians or lastly in the words now repeated Not by any Hereditarie Right of the Kingdome which is none at all among a free Nation Here for conclusion it is to be knowne and noted wel that Lodwick King of Hungarie and Polonia had two Daughters the elder whereof Marie marryed Sigismund the Emperour and King of Bohemia the younger Iagellus Prince of Lituania After the death of Lodwicke Sigismund was ELECTED King of Hungarie and Iagellus of Polonia And although afterwards the Queenes both of them dyed without any issue at all yet the Kingdomes remayned to both the Kings the reason because they were both of them not Hereditarie otherwise they had falne to the Queenes next Allies but meerely Electiue And although after that the said Kings contracted other marriages nothing at all pertaining to the Bloud-royall of the aforesaid Lodwicke or his Daughters yet the children by them begotten were ELECTED afterwards for Kings You see here succession nothing at all to haue preuailed but onely the free ELECTION of the States Surely in Kingdomes hereditarie it is farre otherwise Philip the Second King of Spaine being ioyned in marriage with Marie Queene of England after her death was forced to quitte all and be gone and the Kingdome fell to Elizabeth the sister of Queene Marie the reason because it was hereditarie and not as the aforesaid Kingdomes ELECTIVE Ferdinand of Aragon and his wife Isabel heire of Castile dying leauing behind them many daughters the eldest daughter the wife of Philip of Austria was preferred before the rest in the succession of all those Kingdomes The reason because all those Kingdomes were hereditarie and not as ours is ELECTIVE Robert King of Naples leauing behind him three Neeces the eldest of them the two younger excluded was admitted into the possession of the whole kingdome the reason because that Kingdome is hereditarie And so this is to be obserued in all Kingdomes where women succeed You see here betweene the Kingdomes of Poland Bohemia and Hungarie which are ELECTIVE and the Kingdomes of England Castile Naples c. which are hereditarie that also women succeed verie great differences of succession For if our Kingdomes should haue beene translated to women surely Sigismund and Iagellus their wiues being dead should haue beene forced to haue left all and departed Which not being done it necessarily followeth the said Kingdomes to sauour of no hereditarie succession at all Hitherto briefly the ELECTIONS successiuely following one another with their principall circumstances haue beene declared to demonstrate the Bohemians not to be guiltie at all of rebellion disloyaltie and conspiracie as the preiudicate Informer vrgeth And if the Informer doe truely accuse them of such crimes why doth he not expresse their cases which if he had done without doubt the Bohemians would easily haue confuted them Also the Informer doth proceed to that audacitie as to denie those Kings whom he nameth to haue been ELECTED and so by his glosses is not ashamed to offer violence to a language whereof perhaps he is ignorant Whenas notwithstanding the same Kings themselues especially Iohn Albert and Ferdinand in their letters yea and that in the Latine Tongue and Latine phrases written doe confesse that they were ELECTED by the free ELECTION of the States The Informer proceedeth Neither an absolute nor conditionall ELECTION doth belong to the States but in case c. Answer What further conditions therefore haue the Bohemians prescribed to Rodolph of Austria Podiebratius and others who obtained the Crowne through no precedent consanguinitie but onely by ELECTION then to the rest which were either brothers or sonnes of the precedent Kings And the Letters reuersall and the solemne oathes taken by all the Kings what are they else but conditions or couenants of great force and conditionall ELECTIONS But the Informer persisteth Although they did not obserue them yet ought they not to be depriued of the Kingdome Answer Surely the contrarie by the aforesaid examples doth clearely appeare and what other consequence can there be implied in the reciprocall obligation of a King and his subiects The Informer saith Such penaltie is not prouided for by Couenant Lawes nor Parliaments Answer The ancient obserued customes of the kingdome of Bohemia are in stead of written Lawes yea among other constitutions the States in the reigne of Sobislaus expressely decreed That if at any time the King of Bohemia should without reason make warre against the Bohemians then the States and people ought to be exempted free and absolued from all obedience and subiection The Informer proceedeth It is against equitie that any one should be both an accuser a witnesse and a Iudge at once Answer The examples of Henrie of Carinthia of Iohn in respect of his exchange of Bohemia and of other Kings doe teach that this is nothing at all against equitie For the States euer haue beene and are yet the Censors and Guardians of their priuiledges yea also the later Emperours ordained them to be Defendors of their Edicts and Liberties and chiefly of Religion To the examples of Wenceslaus and Podiebratius is alreadie answered The excuse vpon the receiuing of Matthias made Anno 1608. and 1611. that it was in the middest of Garboyls and warres without any exact order and that it maketh nothing for a free ELECTION is altogether ridiculous For the order