Selected quad for the lemma: son_n
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A30606
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The answer to Tom-Tell-Troth the practise of princes and the lamentations of the kirke / written by the Lord Baltismore, late secretary of state.
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Baltimore, George Calvert, Baron, 1580?-1632.
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1642
(1642)
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Wing B611; ESTC R7851
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33,266
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35
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was more then an heir apparant for they could not undo that which they had done and dispence with their Oathes no more then Henry the second of England could unKing Henry his Sonne though he take Armes against him because he was created King by order and Authoritie Besides after this Election by the Emperours investiture being possessed of the Electorate of Bohemia it stood as reall livery and seisin of his right honour and jurisdiction which no man could avoid or defeate and furthermore there is extant one Letter from the States and two from the Directors themselves written in the life time of Mathias which were sent to King Ferdinand wherein they all give him the title of King of Hungaria and Bohemia and call him their good Lord and Prince and moreover they all promised to provide him a Crown fitt for their King and Lord So soone as God should take to his mercy the Emperour Mathias Therefore if the State only had absolute power to Elect their King then was Ferdinand orderly generally and freely Elected And if they had not such power how had they power afterwards to create another how could the power serve the turne for Frederick and be defective for Ferdinand CHAP. 3. That the Crown of Bohemia is not only Elective BVt because Camerarius and Plâ—ssen the unhappy Advocats of an evill cause labour to defend a paradox that the Kings of Bohemia are only Elective which if it were true doth not prejudice Ferdinand whom the State have Elected and the Palatines own Declaration printed 1619. Cur Regns Bohemia Regimen in se suscepit why he usurped the title of King of Bohemia alleadgeth that Ferdinand leges regni fundamentales ever iâ— privilegia Provinciarum quas sibi subjugare voluit velut bared tarias cum libera erant Electiones The which assertion was very frivolous seeing Ferdinand holds Bohemia by Election aswell as by inheritance for it is evident by all Laws Customes records and histories of that Country that since Bohemia was a Kingdom the Crown and Electorate have passed not by Election only but also by Inheritance and succession and all Antiquaries have derived and drawn from Vratistâ—vius primus Anno 907. by eight descents the Inheritance of that Realme succeeding in one line and familie and therefore as we deny not a forme of Election So cannot Camâ—rarius deny the verity of succession Againe when Vratislavins the second was created King by Henry the fourth Emperour the Dominion continued still in the same race and blood for many descents jure successionis electionis And when Phillip the Emperour created Primislans Othocarus King of Bohemia and Crowned him at Mentz An. 1197. when for a time the title of a King had been suspended The Crown and Scepter continually remained as incorporated into that stock and familie for many yeares after Moreover Carolus the fourth was both Emperour and King of Bohemia and from him and his issue the Crown descended to Vladislaus since whose time the kingdom hath ever remained by succession in that familie without discontinuance oâ— interruption except when Podilradius a Hussite by practise sedition and forcible entrie usurped the Crown But to omitt other reasons Women and daughters have often inherited the Crown and is it not probable that they had it by Election only But admitt Bohemia ever heretofore had been Elective yet are the States of that Country restrained by Law never to Elect a stranger King but when theâ—e is none of the blood Royall left in remainder And that I prove by an authenticall record the Decree of Carolus the fourth wherein it is said Electionem Regis Bohemia in casu eventu auntaxa quibus do Geneal gia progenia aut pros pâ—a regali Bohemia Masculus vel Femella superstes legitimus nullus fuerit oriundus quod Deus avertat vel er quemcung al um modum vacare contigerit dictâ—m Regnum ad Praelatos Duces Principes Barones Nobiles Communitatâ—m dicti Regni pertinentiarum e usdem decernimus rite legitimè in perpetuum pertinere So here is granted a power of Election but limited by a duntaxat to make that free Election only when all the branches of the Tree are fallen and none remaineth of the Stock And let no man object that ancient Customes cannot be altered by Imperiall constitutions for here the Emperour interpreteth the priviledges of Former Emperours and declareth in what sence they are given Exponit non abrogat consuetudinem Besides 70 Aur Bvllae the fundamentall Law of the Empire it is enacted that all the Electorships should descend by inheritance wherein Bohemia was comprehended and that for want of heires Bohemia should not escheate to the Empire as other Seignories of the Electors did but that the States of the kingdom should make choice of their King And because practise and Custome are the best Interpreters of Laws I will shew an example Sigismond the Emperour Grandfather of Carolus the fourth being King of Hungaria and Bohemia called an Assembly of both States of both kingdomes at Snoyma a towne in Moravia where he put in his Sonnes claime and required them for the better setling of the Government to accept and acknowledge for his Successor Albert of Austria who had married Elizabeth his only daughter and heir of both Realmes so to establish that by consent which was his right by Law and why they should do it he gave them this reason because by the marriage of Mary the undoubted heir he himself possessed Hungaria in her right and his Grandfather John inherited the Crown of Bohemia in his wives right both which are confrmed by the testimony of Dubravius l. 27. Histor. Bohemia and by Francisc Resieres câ—m 4. Besides Dubravius l. 28. relateth that Pâ—tasco Embassadour from the States of Bohemia to Frederick the Emperour perswaded him ut sumeret sibi regni gubernicula and make himself King in respect he was the principall of that Stock and roote of the Tree of Austria id quod ei licebat said he ex antique sedere inter Bohemos Austrios icto de successione Regni the which pact was called Pactio Iglaviensis made between Rodolphus primus and Primislaus the summe whereof was this Vt nullo relicto haereâ—e Regni Bohemiae ad Rodolphi posteritatem Regnum deferatur So here is an argument cited to authorise the same which had been an Idle part and a frivolous argument if no other Prince should weare the Crown but one Elected by the States only without regard of his blood And although to dazell the eyes of men some have objected that Ferdinand the first did sollicite the States in his life time to Elect his Sonne Maximilian and Maximilian used the like mediation in the behalf of Rodolphus his Sonne which proveth the States had power to chuse their King I answer The times were then troublesome and the Country dangerously infected and so as it was probable that factions