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
benefits in expectance as also may easily be proued out of the Lawes Fourthly to conclude that Election and Coronation of Ferdinand although it were of validitie which wee haue shewed to be false yet well might hee be depriued thereof by the Kingdome because now hee consented to the oppression of the libertie of the Kingdome vexing the Kingdome with Armes and endeauouring of Electiue to make it Successionarie and to translate the same Kingdome after him to others and notwithstanding as yet not actually possessed of the Kingdome nor hauing receiued power from God by men therefore hee might vpon iust cause be depriued of that right which hee had not in the thing but to the thing onely For a King is Elected for the preseruation of the Kingdome and not for the destruction And a Kingdome may defend her owne proper libertie lawfully against any whosoeuer yea against her owne King especially such a one who hath bin onely designed and thereby become an Enemie of the Kingdome an vniust oppressor of the liberty thereof The same reasons also proue that the Hungarians might iustly come to another Election Ferdinand excluded it being supposed likewise that Kingdome also to be Electiue as they prooue For there was no Election of Ferdinand but an Admission and if it were an Election the lawfull King as yet liuing and reigning yet was it void Neither is it materiall that the Hungarians held as ratified their Election of the person of Ferdinand after the death of Matthias which yet the Bohemians haue not done because that ratification whether it were tacite vertuall yea or also expressed is of no effect For that which is nothing cannot bee accounted ratified SYLV consensus q. vlt. vnlesse the Electors knew their Election to be of no validitie at all and knowing it doe not ratifie the same but make a new Election And if they thinke it was of validitie when it was not and doe ratifie it not making a new Election this ratification is of no force Caiet secund secunda G. 189. Art 8. c. THE INSTRVMENTS of the Pactions or Conditions concerning a Perpetuall Succession in the Kingdomes of Hungary and Bohemia and the Prouinces thereunto belonging THE INSTRVMENTS OF THE 6. and 15. of the Month of Iune Anno 1617. made at Prague PHILIP the III. King of Spaine renouncing his right and ratifying the resignation of his Mother ANNE daughter to MAXIMILIAN the second Emperour As also for this resignation couenanting as wel for a compensation or recompence to be made to himselfe as for a Restitution to his Heyres whensoeuer the Heyres Male lawfully begotten shall faile in the right Line of FERDINAND Arch-Duke of Austria FERDINAND Arch-Duke of Austria accepting approuing and ratifying them and in case of defalt of Heyres Male in the right Line lawfully descended from him promising restitution MATTHIAS the II. Emperor of Rome not onely procuring these Pactions by his Intercession but also by his Imperiall and Royall Authority confirming them For the weale and safety of the Catholike Religion and Maiesty of the House of Austria MDCXX Fol. 1. Fol. 2. The scope of this first Part. Fol. 5. Not euery receiuing of a King signified by the word Election The most free Election of the Bohemians proued Haiac Fol. 20. Aeu Syl. c. 34. Dub. lib. 1. Anno 670. See here what kind of Succession in the Kingdome of Bohemia Haiec. Fol 3. 〈◊〉 Barth in Boh. â—ia pag. 11 Fol. 8. Anno 710. Fol. 11. Ann o 722. Pag. 6. Fol. 36. Fol. 41. If the free right of election did not belong to the States of Buhemia by what right could they haue chosen this Rohonicus Fol. 50. If the State of Bohemia were hereditarie without all doubt the elder brother had been retained Fol. 56. Fol. 65. Fol. 71. Fol. 72. Fol. 74. Fol. 78. Fol. 83. Fol. 101. Fol. 126. Fol 41. Fol. 163. Lib. 3. pag. 20. Lib. 8. p. 59. Chron. p. 30. Anno 1055. Lib. 11. pag. 53. Haiec. fol. 233. Hitherto the institutions of Ancesters and the old customes concerning the Election of the Duâ—es were obserued Haiec. fol. 286. There 〈◊〉 confirmed the kingdome of Bohemia nothing at all to belong to the Emperour but in reâ—pect of the regall dignitie Fauour not to be drawne as a consequent nor good deeds to be rewarded with euill * Of Sweden Both the Son and Nephew and Nephewes Son and Nephewes Nephew the Father dead are elected What Succession hence of Hereditary right in a Kingdome Electiue The vpper Palatinate of Bauaâ—ia Haiec. Fol. 388. Pag. 193. Cap. 57. Albertus of Bauaria why hee refused the Kingdome Fol. 138. Fol. 139. Fol. 141. Lib. 30. Haiec. Fol. 167. If this Kingdome had bin Hereditarie by force of that clause of Charles the fourth What hope had there bin for so many great Personages Lib. 30. p. 344. The King of France by what consanguinity I pray you was he ioyned to the precedent Kings of Bohemia Lib. 35. Maiec Fol. 18â— Haiec. Fol. 213. Fol. 267. Ferdinand by no Hereditary Right but only by the free Election of the States is crowned The reuersall Letters of Rodulph the Second Emperour and King of Bohemia The reuersals of Matthias the Emperour King of Bohemia and Predecessor of Ferdinand that now is The friuolous and feeble grounds of the Informer answered Fol. 1. Fol. 1. This clause is subiect to a thousand expositions and ambiguities Fol. 1. The disposall of Vladislaus Fol. 1. The Reuersals of Ferdinand changed The Constitutions of the Kingdome Fol. 1. Fol. 1. Fol. 2. Fol. 2 Iohn of Luxemburgh by what right he attayned to the Crowne of Bohemia Henry of Carinthia wherefore depriued of the Kingdome Fol. 4. Lib. 27. P. 393. Ad pag. 156. Fol. 6. Fol. 6. Fol. 6. Haiec. fol. 233. Fol. 6. Fol. 6. Fol. 7. See the Pactions concerning a perpetuall Succession in the Kingdomes of Hungarie and Bohemia and the Prouinces thereunto appertayning for the further declaration of the truth annexed to this Appendix
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
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