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
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