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
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
there as those solemne acts and reuersals testifie where the States free and lawfull right of ELECTION is confirmed is most perfect Yea if no other reason remained to the States suerly this so extraordinarie and so solemne sworne contract by the ioynt consent of two Kings of Rodulph being present or rather precedent and of his Successor Matthias and of all the States of Bohemia and the Prouinces incorporate which seldome before hath beene seene might suffice for prouing the free ELECTION of the Bohemians to be lawfull For the armes and power of writing were wholly in the hands of the two Brothers the Kings Neither hath the Stile which in writing they vse either one to another or to the States any such effect as the Informer pretendeth Neither were themselues ignorant of the rights and priuiledges of their owne Family or persons Nor to conclude would their Counsellors who then were present had there beene any things of importance haue passed them ouer in silence Those things which follow concerning the Treaties Confederacies with the Austrians the Golden Bull Inuestitures and Imperiall Diets seeing they are of no weight I doe not see it worth the labour to insist in them any longer The end of the Answer to the FIRST PART AN APPENDIX To the Reader SEeing gentle Reader the person of the Archduke Ferdinand now Emperour and the question concerning him to wit Whether he by that ELECTION or by Admission and Coronation which he had in Bohemia purchased the Right of that Scepter doth require a speciall Treatise which God-willing very shortly vnder the title of An Answere to the Information against the Apologies and Writings of the States of Bohemia the second Part shall follow I would haue thee to know for a conclusion of this first Part and for a Prooeme to that which is to follow that no Regall Right at all to that Kingdome came to Ferdinand by the said ELECTION or by Admission and Coronation For the same to bee Electiue and not at all Hereditarie in this Part is sufficiently prooued I omitt now to say that ELECTION not to haue beene lawfull because it was not free but for the most part surreptitious fraudulent and against the Lawes of the Kingdome wherefore also it was no ELECTION but altogether void which being matter of Fact I come to the point of Right yea supposing that they had proceeded lawfully freely and simply after a voluntarie manner therein And first the nullitie of that Admission and Coronation for that reason is manifest because by supposition that Kingdome is Electiue therefore no man can acquire any Regall Right therein but by the ELECTION of those to whom it belongeth to elect according to the Lawes and Customes of that Kingdome But Ferdinand was not elected neither by ELECTION entred into the Kingdome as his owne Writings confesse by which it is manifest that he would not be elected but onely admitted by Hereditary Right as the adopted Sonne of the last lawfull King Matthias or by some other right of Bloud therefore he was not elected But Coronation in an Electiue Kingdome doth presuppose a lawfull ELECTION which if it do not first precede all such Coronation of Right is friuolous and none at all Neither can they call that Admission in what manner soeuer it was ELECTION or reduce it to ELECTION because they doe expresly deny themselues to challenge that Kingdome by Right of ELECTION and betake themselues onely to Succession When as therefore it shall bee proued that Kingdome to bee Electiue and not Successionarie by this onely proofe whatsoeuer shall bee done without that which is properly called true and lawfull ELECTION falleth to the ground Secondly be it that the said ELECTION were free voluntarie and lawfull it is plaine that the same was conditionall to wit that during the life of Matthias Ferdinand should not entermeddle with the Gouernment of the Kingdome and should sweare to the Pactions and obserue them which Conditions doe quite take away all force from ELECTION if any thing be done against them Because ELECTION is not absolute but conditionall Now where the Conditions are wanting there ELECTION is not ELECTION for ELECTION ought to be voluntary but a thing voluntarie conditionate is not voluntary except the condition bee performed But Ferdinand hath broken the Conditions as is manifest in Fact therefore his ELECTION is of no force and consequently neither his Coronation Thirdly this ELECTION although it were an ELECTION yet indeed it was none at all of no validitie or efficacie because the King liuing and reigning no other can in any wise be elected Argument C. in Apibus 7. 9. c. And the reasons are two and both euident The first because the Electours haue not power of Electing but when the seate of the Kingdome is vacant therefore he was elected of such as had no power then of Electing They may designe and promise as much as in them is for their time a future Election but can by no means make a present Election because the right of Electing is not then open vnto them Bald. in C. licet de vitanda Electione The other reason is because iniury is done to the true Electors which shall be lawfull and haue a full power of Electing when the seat is vacant whose power is vsurped by preoccupation of them whereof perhaps not one or very few shall be Electors when the seat shall be vacant And it sufficeth if the iniurie be done to one onely to make the whole Act vniust and therefore vnlawfull Bald. vt supra Iason in L. fin C. de Pact There may perhaps two at once reigne together as if they were one as in times past they that were fellowes in the Empire the King also liuing may resigne his Regall Right to the end his Sonne or some other may bee elected but in our case there is no such thing because neither Matthias resigned his Regall Right but manifestly retayned it neither did he assume Ferdinand as his companion And that Election and Coronation was made with expresse reseruation of all full Royall Power wholly and entyrely in Marthias and with an inhibition that Ferdinand by no meanes should intrude himselfe into the Gouernment of that Kingdome These reasons likewise doe constrayne vs vtterly to deny that hee is lawfully chosen King of the Romanes who is chosen King of the Romanes that is to say future Emperor while the present Emperor liueth and doth not resigne the Right of the Kingdome of the Romanes that is to say the Romane Empire because the Electours then Electing had not in act and indeed but onely in habit power of Electing the seat being not yet vacant And iniurie is done to the Electours when the seate of the Empire is vacant whose actuall power was vnlawfully vsurped Therefore might the Electors of the Empire come to a new Election the Emperour being dead the King of the Romanes who was wrongfully chosen excluded The same reasons doe altogether nullifie all Reuersions
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
the aforesaid acts lawes and priuiledges some things might be obiected yet the reuersals of Rodolph and Matthias now alreadie produced doe proue an vndoubted right of ELECTION And if the pretended right of Succession were or euer had beene so manifest what needed so many words and reuersals Also it is to be noted that the said treaties of the two brothers Rodolph and Matthias which they begun by a mutuall consent with the States are of more force than all other declarations and precedent disposals not onely in respect of time but also in respect of forme and matter For there expresly the common consent of all the States is alledged which no otherwhere neither in the priuiledge of Charles the Fourth or the disposall of Vladislaus or in any other writing is to be seene nor yet the said priuiledge or disposall of any Emperour one or other found to be confirmed which surely doth put vpon this whole matter no small suspition And by good right Charles the Fourth Vladislaus and Ferdinand seeing they alwaies spake in fauour of themselues and their posteritie are reported to haue beene but bad witnesses in their owne cause neither were their letters confirmed by the succeeding Emperour But if they had bin approued by the common consent of the States they might in some sort haue beene borne withall but seeing the Kings are both actors and witnesses verie well in this case may their testimonie be reiected By all these things may any one not ouer-taken with passion easily see that the States in all ages euen to this day by force of their proper libertie haue strongly maintained and preserued the free and absolute power of ELECTING Kings so that none whosoeuer is able lawfully to pretend any right at all to the Crowne of Bohemia but onely by the lawfull and free ELECTION of the States ELECTED And also he that shall attempt any thing against the free ELECTION of the States ipso facto doth disable himselfe of the Crowne Now let vs see the Arguments of the contrarie INFORMATION First of all hee citeth priuiledges and in the Margen the Golden Bull Imperiall of Charles the Fourth But the Author of the Information seemeth to haue put the same of purpose out of the List of the other fundamentall reasons for by the former alledged words of the said Bull it is manifest that the same doth rather make against him than for him no mention at all beeing made of the Royall issue either Male or Female Therefore the first fundamentall reason in order is the confirmation of Charles the Fourth of the said priuiledge of Fredericke the Second Hereunto euen now and alreadie is answered and to any one looking well into this information it may easily appeare First That the same is called the Golden Bohemian Bull in title onely Secondly That it is no other thing then the confirmation of the priuiledge of Fredericke the Second Thirdly Further that nothing else was demaunded from the Deputies of the States at that time whose Names are prefixed in the said writing Fourthly The words of the said writing doe testifie the same Fifltly Therefore that the clause of the succession of the royall issue annexed by Charles the Fourth to the aduantage of himselfe and his children was inserted to the great preiudice of the libertie of the Bohemians Sixtly Neither did the Bohemians euer allow the same Also in later times although there were many Emperors of the house of Austria there appeareth yet no ratification of any Emperour all which doe argue the manifest inualiditie of the said clause and the imperfection of their pretence or claime There is yet in the said confirmation this clause In case or euent where the Male or Female not suruiuing or by any other way shall happen to be vacant By the force of this confirmation and clause in other places alledged against the Bohemians it seemeth easie to proue that these things make for the States and that the vacancie of the Kingdome doth not simply and meerely consist in the default of heires Males or Female but also in other defaults But howsoeuer this be daily practise as is aforesaid is altogether contrarie to the strict restraint of this confirmation And although the often repeated clause of the said Bull together with the consequence of the Austrians drawn from thence were of some moment yet it is manifest that the Ofspring descending from the house of Luxemburg by the elder sister Anne the wife of William Duke of Saxon the eldest daughter of the Emperour Albert of the house of Austria should rather come nearer the Crowne of Bohemia then those of the house of Austria at this day liuing For the Austrians doe descend from the younger sister to wit Elizabeth the second daughter of Albertus the Emperour and wife of Casimire King of Polonia the great grandfather of Anne wife to Ferdinand of Austria the brother of Charles the Fift Emperour Now on the other side let vs see the ofspring of the said William Duke of Saxon. Surely among them of the house of Brandenburgh of Denmark of Mekelburgh and others are found so many that euen the most renowned Queene of Bohemia Elizabeth the daughter of Great Brittaine may deriue from thence her pedegree Wherefore this argument thâ— of the Austrians without all exception the greatest as they would haue it may easily be ouerthrowne Charles the Fourth Emperour King of Bohemia the Author of the often repeated clause Sigismund Elizabeth the wife of Albert of the house of Austria Emperour and King of Bohemia Anne the eldest daughter of Albert wife of William Duke of Saxon. Margaret the wife of Iohn Elector of Brandenburgh Anne the wife of Frederick the First King of Denmarke Christianus the Third King of Denmarke Fredericke the Second King of Denmarke Anne the wife of Iames King of Great Britaine Charles Prince of Wales Elizabeth Queene of Bohemia Elizabeth the yonger daughter of Albert the wife of Casimir King of Polonia Vladislaus Elizabeth after her name changed and called Anne the wife of Ferdinand of the house of Austria Maximilian Empe. Rodulph Matthias Charles Ferdinand now Emp. Sophia the wife of Frederick Marquesse of Brandenburg Marie the wife of Frederick Simmâ—rensis Elector Palatine Lodwick the Fourth Elector Palatine Frederick the Fourth Elector Palatine Frederick the Fift King of Bohemia c. Elector Palatine c. The clause hath thus the Male or Female of the royall Linaege But the most renowned King and Queene of Bohemia Frederick and Elizabeth are as you see of the royall linage Ergo. The second Argument of the Informer is the disposall of Vladislaus but this is both of lesse force than that and in some sort doth seeme to make for the States where to wit he doth affirme King Lodwick of the meere free 〈◊〉 will of the States of Bohemia to haue been receiued King which free will surely ouerthrowing Succession doth againe seeme to stablish ELECTION And it was the true intent