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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 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 th● 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 Simm●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