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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 Sonne of a precedent King hath bin alwayes the same Insomuch as euen to their present King though otherwise a Suecian the fauour of the Mothers Line originally deriued from the Posteritie of Iagellus sometime Prince of Pole was much auaileable to him for the obtayning of that Crowne of Polonia Meane while yet this Kingdome without any contradiction to be plainly and most freely ELECTIVE no man euer denyed For seeing that these two Kingdomes haue almost both the selfe-same foundation to wit from Czechius and Lechus brethren and time and people yea and Language but a very little differing as all Histories witnesse what should hinder but that they euen from the first beginning in this point of Politike Gouernment haue resembled each other But besides this of Poland we may produce also other examples euen of the Sacred Romane Empire where the Heires in bloud haue succeeded one to another albeit they could haue no iust claime or hope grounded vpon Hereditarie Succession Surely the Ancesters of the Bohemians neuer suffered the most free right of ELECTION to be wrested out of their hands in so much as they opposed themselues with all their might to Iohn the sonne of Henrie the seuenth Emperour Anno 1311. elected King For that he had a purpose to exchange Bohemia with the Palatiate this being repugnant to their free ELECTION which granteth to no King without the consent of the States any power either of treatie transaction or disposall or testament or translation any other way whatsoeuer made that may bee hurtfull to their Priuiledges The Letters giuen to the King by the States at that time solemnely assembled at Cubit commonly called Elboga doe declare this sufficiently the tenour whereof is such We are ignorant Sir for what desert on our parts your Maiestie should goe about to ouerthrow our free and most ancient Rights of ELECTION It cannot be hid from your Maiesty that neither of force nor arms but only of our propense loue towards you you haue bin ELECTED King Wherefore not without iust cause wee maruell that by any pretensed exchange your Maiestie would seeme to subiect vs to Lodwick of Bauaria and s● spoyle vs of our most free Priuiledge of ELECTION Surely Lodwick shall neuer by any meanes except by force of Armes or our free ELECTION beare rule ouer vs. This resolution of the Bohemians seene King Iohn both procured the cassation of the Treatie and also made a reconciliation with the States of Bohemia This also testifieth Dubrauius in these words There in a verie great Assembly of the Bohemians Lodwick by his owne testimonie doth purge the King of that so grieuous a suspicion they had of him and sheweth vnto them in writing the Paction or Agreement alreadie begunne with the King wherein it was expresly and plainly added the same to remaine ratified and firme If it were confirmed by the common assent of the Bohemians By this short deduction a man may easily see the States alwayes to haue preserued the Right of ELECTION and that from the first Originall of the Bohemian Nation not to haue acquired or sought the same from any either Emperour or King But Charles the fourth when to him as Emperour the aforesaid Priuiledges of Fredericke the second concerning the receiuing of the Regall Dignitie were to bee confirmed mooued no doubt with the loue hee carryed to his Posteritie and in hope to confirme the Hereditary Succession limited thus but of his owne head the free ELECTION of the Bohemians In case onely and euent where none Male or Female shall remayne aliue legitimate which God forbid descended of the Linage Progenie Seed or Royall Ofspring of Bohemia But to Charles it belonged not to insert a new clause to the Confirmation and by this meanes to ouerthrow the States free Election no more then to his Father Iohn to exchange Bohemia with the Palatinate Also no Confirmation doth adde any new thing Neither doth it belong to any King to ouerthrow the fundamentall Lawes of the Kingdome especially seeing they proceeded not from the precedent Kings but had their beginning euen with the Nation it selfe Wherefore also the said clause the which for default or want of power and 〈◊〉 by it selfe is nothing was neuer obserued by the States Also Charles in another Priuiledge both of the same day and yeare with the former approouing in the words following the free ELECTION of Wenceslaus the eldest Sonne of Primislaus Ottocarus is most euidently contrarie to himselfe The words be these And the Letters of the sacred King of the Romanes Frederick wherein is expressed that the illustrious Henrie Marquesse of Morauia and the whole body of the Lords and Nobles of Bohemia by the assent and will of the Illustrious Ottocar sometime King of Bohemia our most deare great Grand-Father haue chosen for their King the Illustrious Wenceslaus his eldest Son the same ELECTION by the afore-said Frederick King of the Romanes was approued And againe seuen whole yeares after the afore-alleaged Confirmation to wit Anno 1355. the same Charles doth alleage the ELECTION of the said Wenceslaus in these words Who is knowne to haue held the same Marquisate with all the Honours Dominions and appurtenances thereof by no other meanes than as by this example our selfe hold from the Illustrious Iohn of famous memorie sometime King of Bohemia our most deare Father As also that may be a verie probable Argument out of the Letters of the sacred King of the Romanes Frederick wherein is expressed that the Illustrious Henrie then Marquesse of Morauia and the whole body of the Peeres and Nobles of Bohemia with the assent of the Illustrious Ottocar our great Grand-father elected for their King his Illustrious first-borne Sonne Wenceslaus and the same ELECTION by the afore-said Frederick was confirmed If therefore Charles himselfe doe both acknowledge and approoue the ELECTION of the Sonne of the King yet liuing by what right doth he endeuour of his owne braine to bring in that often mentioned restraint which doth altogether oppugne this free ELECTION And how otherwhere can hee deny to the States power of Electing the Royall Issue yet remayning Doe not all these things sauour of manifest Contrarieties Moreouer the words of Charles the fourth well considered it will appeare he speaketh of the Males or Females suruiuing of the Royall Bloud only of Bohemia What can this therefore profit Ferdinand borne of the Arch-dukes Bloud of Austria Neither is that instance of Ferdinand so farre fetched from his great Grand-mothers Mother any thing materiall which were it of any force that Royall Bloud would extend it selfe in infinitum and so a free power of Electing should neuer be granted to the Bohemians Which yet Charles the fourth expresly set downe and others also might be found both nearer and worthy to bee preferred before Ferdinand Hence therefore it is euident that the intention of Charles the fourth can by no meanes bee extended beyond his owne Children as also the
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
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