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
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
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
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
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
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
Item In that assembly Vratislaus is declared Prince by all the States These phrases also are often found elsewhere Aeneas Syluius vseth phrases without any ambiguities Him doe they make choyce of for their Prince Hee through the fauour of the people gouerned And although this Author handleth our matter somewhat succinctly yet confronting him with the things before going it may easily be vnderstood Hereunto agreeth the testimonie of Cosma Pragensis these be his words After the 〈◊〉 of Brecislaus all the Bohemian Nation both great and mall by common counsell and a like affection and will doe ELECT for their Duke his first borne sonne Zpingnen singing KYRIE ELEYSON Item The Bohemians all fauouring Vladislaus he is exalted tâ— the Throne And againe The Bohemians all assenting Vladislaus is aduanced to the Throne These and many other testimonies are found among the Historians which if they should all be put here the day would sooner saile than they for from the verie first beginnings euen vntill the yeare 1109. they haue remained in a continued course without interruption In which yeare Suatâ—plucus being slaine when as the Emperour at that time present as afore we haue touched at the instance of certaine noble men of Bohemia remaining in the campe desired that Otho the brother of Suatoplucus might be ELECTED and published the Author expressely saith thus In the generall assembly the chiefe Lords found themselues agrteued at the ELECTION made in the campe contrarie to the institution aud decrees of their Ancesters To wit whose ground works as the Fundamentals of a most free and lawfull election were laid Anno 670. And the ancient manner c. That is to say their old obserued customes euen to that verie day inuiolably maintained Wherefore also the States as Dubrauius and other Historians testifie would not ratifie nor admit for good the ELECTION formerly made but to preserue their ancient right reiecting Otho with the generall consent of the whole people they elected for their Duke Vladislaus notwithstanding that Borsiuogius was the elder brother These are the words of Vladislaus in the Author That it was no priuate thing which Borsiuogius desired but belonged to the suffrage of the whole people And therefore not from one brother alone but from all the States the gouernment to be sought and sued for because that in fine is like to be firme and stable which by common counsell shall be decreed Vladislaus dying the States doe elect Sobislaus his yonger brother not onely three of the dead mans children put backe but againe also his elder brother the aforesaid Otho not caring though as then hee had the castle of Prague in his hands and keeping Otho would not yeeld vnto him the castle of Visserade before he first perceiued that by the generall assembly he was declared Prince with so great and generall consent of the States that he despaired of keeping the castle any longer which after hee had quit hee returned in anxitie into Morauia and in threatning wise as though in short time hee would reuenge this iniurie in that the Bohemians had preferred before him who was the elder his younger brother Sobislaus Here a man may easily see that to the States of the kingdome wholly belonged the pure and free ELECTION of creating and chusing their King Afterwards in the yeare 1135 in the time of Sobislaus in the generall assembly of the States the Prince and the States consenting together diuers decrees concerning the ELECTION were ordained and among other things 1. The forme of the gouernement in time of vacancie what it ought to be 2. How and in what manner the States ought to be called vnto the ELECTION 3. The Parliament assembled about the ELECTION not to continue aboue three daies 4. That the Prince ELECTED presently after his entrie ought to confirme by Oath that he will make good and preserue the priuiledges of the Barons Nobles and Comminaltie Afterwards Frederick the Emperour Anno 1159. as before is said of Henrie and Vladislâ—us declared King of Bohemia created Vladislaus King but not as yet the royall name vsed vntill Philip the Emperour Anno 1200 gaue the golden Crowne to Primislaus Otthocarus and so renewed the royall dignitie Hence so many letters so many priuiledges so many reuersals and the explications thereof following thereupon For from the verie first ELECTION euen to that time without the benefit or fauour of any Emperour by no confirmation regall or any other law written but onely by custome they haue exercised their free ELECTION But afterwards the regall dignitie with the dependences thereof comming in place expresse Authentickes were necessarily required Nor yet that the said Emperors did offer any manner of preiudice to the liberties and priuiledges of the Bohemians but rather ratifie and more perfectly confirme them the Letters of Philip the Emperour doe witnesse That to wit for euer it should be lawfull for them Zuewigen zeyten by vertue of their ancient customes to Elect whomsoeuer they would for their King The same in a certaine priuiledge of Frederick 2. Emperour is confirmed in the words following Wee doe constitute and confirme him King and this so sacred and worthy a constitution we approue and the kingdâ—me of Bohemia freely and without all exaction of money according to the accustomed iustice of our Court we grant to him and his successâ—rs for euer Willing that whosoeuer by them shall be Elected for Kings come vnto vs or our successors in due manner to aske the Regall dignitie Hence it appeareth manifestly the Emperour to haue reserued to himselfe and the Empire only the recognition of the Regall dignitie as proceeding from him and the Empire but the right of free ELECTION to haue left altogether vntouched For the Bohemian Kings and Princes themselues did neuer interprete these things any otherwise For when as Anno 1216. Wenceslaus Sonne to King Primislaus his Father yet liuing was ELECTED hereupon such letters of the Emperors approbation were erected Our faithfull and well-beloued Henrie Marquesse of Morauia and the whole State of the Lords and Nobles of Bohemia haue declared to our Highnesse that by common consent and assent of our well beloued Ottocarus King of Bohemia they haue ELECTED for their King Wenceslaus the first borne sonne of the Kingdome of Bohemia Behold here a testimonie more then authenticke of a most free ELECTION where to wit the sonnes of the Kings themselues could no other way bee aduanced to the Crowne of Bohemia but by the free and lawful ELECTION of the States preceding which also by euery approued Writer of the Bohemian affaires may bee proued And although seldome they ouer-passed them who were sprung of the bloud Royall yet sometime also it hapned Examples King Rodulph Albertus Duke of Bauaria Georgius Podibradius and others Nor more doth the continued Succession of bloud of the former Kings serue to the pretended Inheritance than that of the Polonians which by reason of the ELECTION of
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