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
in Religion would breed factions in the State And therefore seeing Abundans caut la non nocet to prevent all sinister practises they provided wisely to settle their Successor in assurance and security with advice and consent of the kingdom the which they did in their life time by way of request because the States of Bohemia were not yet bound to settle the heires for haereditas non est viventis sed defuncti heires are ever in expectation till their Parents dye and when they take possession they cease to be heires and become owners Besides it is no good argument because the consent of the States were demanded therefore succession hath no place For all well governed kingdoms successive have also a shew and a forme of Election In England King Henry the second requested the consent of the Parliament that in his life time he might see his Sonne crowned King so did King Edward the third sollicite for Rich. 2. and when Rich. 3. was Elected King the words of the act are we do chuse you our Soveraign Lord and King ex Rotul Parl. 1. R. 3. therefore it is plaine that Election doth not exclude succession but succession guideth the Election For in the same record this is expresly added it is agreed by the three estates that K. Rich. 3. is lawfull King of England by inheritance and due election So as inheritance and election are not two things incompatible especially in those kingdomes where Custome hath given a Royall prerogative to the blood of a Familie But yet I will make the matter clearer Anno 1547. it was enacted in Bohemia as by the record appeareth that according to the Edict of Carolus quartus and the order of Vladislaus and to the literae reversales of Ferdinand 1. the States should ever and only proceed and no otherwise And the States of Bohemia cannot now claime any such Laws Liberties or Customes to eject a King out of the right line and familie wherein the Crown hath been so long invested specially till the issue be extinct For by the words of the Law non aliter eis competeret libera Electio and whereas they tell a tale of a Custome in Bohemia to chuse strangers and the Sonnes of the King of Poland eminent for their vertue they may aswell tell a tale of Amadis de Gaule And for that which Aeneas Silvius reporteth of Carolus the seventh of France Sternbergius was the primus Motor of that to the King of France to avoid a mischeif by an hereticall intrudor who desired that a Catholique Prince might prevent George Podibradius an Hussite who as he did foresee was like by violence to usurpe the Crown as appeareth by Dubravius l. 30. And although I confesse that the Champions of this cause artificially lay their colours yet can they not make black white but as Iuglers only make it seeme so to others For this my last argument is unanswerable The Princes Electors when the States of Bohemia laboured at Franckford that they would not accept Ferdinand as an Elector but suspend his voice quod nunquam plenarium adeptus est Imperium they rejected them and their motions and made this answer to the Bohemians That ex cap. 7. Auâ— Bullae only he who was the lawfull Successor of Mathias ought to be admitted to the Election as King of Bohemia And they so judged it first because the States of Bohemia the seventh of Iune 1617. Solemnly accepted Ferdinand for their King and confirmed their act by Oath therefore no question ought to be made of his claime and title Secondly they alleadged that Jurisdictio Electoralis nulli competit nisi Regi Bohemiae jure haereditario nemo alius nisi Rex ad Electionem unquam erat vocatus Thirdly they said King Ferdinand had lawfully received of the Emperour Mathias his Investiture the Office of Electorate and the cheif Cup-bearer and was put in possession thereof and further they added that Maximilian the second Anno 1562. was summoned by the name of King of Bohemia and Elector to be at Franckford to choose the King of the Romanes and this being in his Fathers life time he signed the Decree though he had no other Election Ceremony or possession then Ferdinand had and the like they avouched of Rodolphus Therefore seeing the Noblest Iudges the Colledge of Electors have adjudged this controversie by reason custome presidents and law who will not rather obey learned authority then be misled by wrangling subtilâ—y Aâ— for Moravia Silesia and Lusatia which Maximilian the second did hold ex testamento patris they were Seignories descended to K. Ferdinand the first by inheritance and though annexed to Bohemia yet as properly appurtenant to the King and not to the kingdome of Bohemia Now for as much as upon this Axis vêªt the supposed nullity of Ferdinands Election and the invalidity of his Title in succession all the motions and commotions of Bohemia were carryed and seeing the weakenesse of that Axis is apparent that it cannot beare the burthen layd upon it they have more cause to lament their error then to defend it CHAP. 4. For the title of the Palsgrave IT remaineth now to demurre upon the title of the Palatine Quo titulo ingressus est Wherein I must first humbly pray your Majestie that I may speake the truth freely and not abuse you or flatter them He only and barely upon no other tiâ—le thâ—n a supposed election by Count Thurn some of the States and the directors by whom the Crown was offered unto him and he accepted it Paenam pro munere poscit How can this action bee justified judge you how can a second election and contract prejudice a precontract solemnly made and satified with all ceremonies And which is no small disadvantage the twentieth of March Mathias being dead 1619. the 25. of August King Ferdinand was chosen Rex Romanorum and Emperour And shortly after a few factious subjects conspiring together made the Count Palatine their King whom they Crowned the fourth oâ—November after whose Coâ—onation was no more than Raptus Helena and his agents Proci alienae sponsae Here is first to bee considered what pretences could be alleadged to dispossesse Ferdinand and divorce him and the Realme secondly who they were and by what authority â—he did elect Frederick The Count Palatine in his Declaration printed 1619. Cur Regni Bohemia Regimen in se suscepit alleadgeth certaine cavills and unmateriall pretences for the same First that Leges Regni fundamentales evertit privilegia provinciarum quas sibi subjugare voluit cum liberae erant electionis his supposed oppression of their liberties is a scarre-Crow a shew without substance and already confuted and rejected Therefore two other hainous crimes and crying sinnes they charge him with for which he ought to forfeit his claime to the Crowne Tyranny and depopulation Tyranny in tormenting their consciences Depopulations by spoyling the Country with hostility contrary to his oath For the first they
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 London Printed 1642. Most Gracious Prince I Know well what Reverence Subjects owe to their Soveraigne and am not ignorant of the puissance and Majesty of a King of great Brittaine believe I should not presume to write to so great a Monarch if the Loyalty of a Subject the honour of Your vertues and some particular obligations of my own did not command me to neglect all other respects and prefere Your safety honour and bonum publicum before any dangers or blame I foresee may incurre and the rather because I speake in your owne care only without publishing or imparting to others that which I delivered unto Your Majesty The cause is briefly thus Wandring abroad in the world I was informed of certaine secret conference in Holland and how to relieve the distressed estate of the Count Palatine and I have seene diverse discourses out of England of the necessity to maintaine the Ancient authority of Parliaments how to assure Religion from oppression and alteration and how to reforme the government there both in Church and Common-wealth audacious arguments and as insolently handled I meane not to trouble Your Highnesse with pedlors stuffe and so stale wares as Vox populi and votiva Angliae but to inform You of some books amongst many others T. T.Troth The practise of Princes and the lamentation of the Kirke which are the works of such Boutefeus as are able to set the whole State on fire imbroyle the Realm and aliene the hearts of people from their Prince for these Maskers under the Visards of Religion seeke to undermine Loyalty and either to ingage you abroad in forraigne wars or in danger Your person at home in Civill And yet I write not to confute these learned scriblers more worthy to be contemned then answered but to advertis Your Highnesse of them that by an obsta principiis you may upon such smoake prepare all things needfull to quench such a fire when it shall flame and first breake out which is may doe when you least looke for it For by nature these spirits are fiery hot spurs and fitter for any thing then that they most professe Piety and Patience And that they may plainely appeare in their own likenesse Your Highnesse may bee pleased to mark and consider how sawcily and presumptuously they contemne Monarches scorne and disgrace them The Emperour Tom Tell-Troth calls a quiet lumpe of Majesty and in scorne of him tells his Reader he cannot wrong a Mouse without the Spaniard which I think the K. of Denmarke Will not believe he mocks the K. of France and tells him he is not old enough to be wise and that he hearkneth to lying Prophets and to be led by spirits of illusion The King of Spaine he calleth the Catholike usurper and the great ingrosser of the West-Indies And which argueth a spirit of Frenzie he spareth no King for of King Iamâ—s himselfe he delivereth such a character as is both disloyall and most intollerable And first touching his maintenance of Religion he taxeth him mâ—st scandalouslâ— that he is only head of the Church Dormant there are so many corruptions in it that he hath more pulled downe the Church with his proceedings then raised it up by his writings and whereas he calleth himselfe defender of the Faith His faithfull Subjects saith he have just cause to question it for the Papists were never better defended as appeareth by the Kings private instruction to Iudges and prohibition of Pursevants And for his inclination to peace for which hee was most commended they wrest it wholly to his dishonour and professe they have too much cause to complaine of his unlimited peace and suspect that his peaceable disposition hath not proceeded so much out of his Christian pietie and justice as out of meere impotencie and basenesse of mind Besides touching his honour and reputation he flouts him for he saith a number of defects cover the glory of his Raigne and that the greaâ— stocke of Soveraigne reputation which our late Queene left us is quite banished and is to bee reckoned amongst other inventions we haâ—e lost through the injury of his time so as now great Brittaine is lesse in glory strength and riches then England was whereby our adverse parties have the triumph of the time and heâ— alledgeth the reasons because when Gundamore taught to juggle who knew the Kings secrets before most of His Councell so as discontent runs with a seditious voyce over the kingdome And in contempt of his choyce of a Treasurer they alledge that the Merchants feared the Court would pull down the Exchange because one of their occupation was made Treasurer so aâ— all things must be bought and sold But above all other scandalous defamations the description they make of a protestant King Page 25.26 27. is most transcendent and traiterous let him saith he excell in mischiefe let him act Nero Phalaris c. he shal not need to feâ—re nor weare a private Coate for he may have Lords temporall for hâ—s â—unuches spirituâ— for his mutes and whom hee will for his Incubus and kisse his Minions without shame Behold a Calvinist in puris naturalibus perfectly factious and under the Cloake of zeale Carnifex regum peruse Mariana and all the works of the Iesuites looke as curiously into their acts and proceedings as they were examined at Paris and you shall not find I such paradoxes of mischiefe and such prophane calumniations of Princes which may parallell and match these yet I can overmatch them or equall them for they murmure as much at Your Majesties own proceedings neither doth your Monarchie oâ— mild tempâ—r priviledge or exempt you from their tongue-shot and the poyson of Aspes in their lips The Author of the Practise of Princes printed 1630. in England pag. 11. saith that the people when King Iames died seeing our King that now is making great preparations and for ought we knew with great sinceritie Yet by the practise of the Duke and his faction retaining all his fathers Counsell which for the most part were Hispaniolized Frenchified Romanized or Neutralized and suffering some worse both spirituall and temporall to be added unto them all those forces were soone brought to nought Things are grown to a great deale worse passe then before and to the great greif of goodnesse and good men without Gods speciall mercy remedy lesse This is the picture and portraiture they make of your Government and they dare censure their Soveraign and like mad-men they also rave against your Councell pag. 13. what a miserable thing is it to see wicked Counsellors get such a hand over the King that he is wholly ruled by them neither dares he favour a good man nor his cause further then they admit Thus they currishlie barke against Kings and Councells and spitt upon the Crown like Friends of Democracies of confusion
as Hen. 6. preserved amitye with the Netherlands he prospered and flourished Yea say the enemies of peace but now the case is altered Burgundy was then in mediocrity now it is in extreames for the King of Spaine is growne too great too potent and seekes to over shadow his neighbours and terrifie them with his titles of greatnesse as if Iupiter would ravish Europa These are vaine thunderbolts of fancie for the benefites which the Realme may reape by peace with Spaine being well setled are of farre more advantage then can any way be expected by joyning with Holland For thereby you shall againe establish commerce and traffique set all trades on work in the Realme enrich your merchants advance your Staples which bee your Maiesties Indies increase or at least continue your customes and so store and furnish your Exchequer by peace which the warres will continuâ—ally exhaust and draw drie Moreover by this peace you may better hold Holland in awe and a little restrain their insolency by a virtus unita and I see there is need to do so if you wil bridle their headinâ—sse you must keep them between hope and feare neither make them despaire of your aide by entertaining their enemies nor give them cause to presume by rejâ—cting the amity of Spaine And so holding them in suspence they wil seek by all good offices to win you for they know that England onely can curbe them and advance their enemie And so a state alwaies living in Armes must be used because they are more dangerous neighbours then all others and want neither will nor meanes to offend and by necessity are forced to respect onely themselves and to use all extreame shifts to uphold so broken and corrupt a state And for that argument of the greatnesse of Spaine I say it is therefore the greater honour to England to have so great a Prince to seeke and imbrace your amity Philip the third 1604. sent the great Constable of Castile with an olive branch in his hand to seeke peace bury al offences and reconcile the two Kingdoms with a perfect Amnestia here you see their greatnesse is no obstacle to amity and the rather because there never was till of late betweene England and Spaine any nationall contention nor any antipathy between the two crowns but now there is true but ab initio non fuit sic and cursed be he that would make variance continue perpetually betweene Kings and Realmes But that your Highnesse may know how great and entire the love and amity long continued betweene Spaine Portugall and England hath been the records shew that Anno 36. Hen. 3. Alphonsus King of Castile made a league with England for him and his successors solemnly contra omnes homines which he constantly observed So as when the French solicited a truâ—e betweene them he denyed cessation of armes and would hearken to no motions of a treaty till King Edw. 2. did mediate for it and the knot was so fast tyed betweene these two Realmes that Edw. 1. did marrie Elenor the Kings sister who proved a deare and loving wife unto him and plausible to the whole Realme in respect of which contract and marriage King Alphonsus renounced and râ—signed to King Edw. all his right and title to Aquitaine And his love and amity still increased for Iohn Protectour of Castile Anno 18. Edw. 2. sent a thousand horse and ten thousand foote to aide the King of England against France and so afterwards 18. Edw 3. before he made his challenge and invaded France King Peter of Castile agreed with King Edw. mutually the one to aid the other and the same King made the like league with Ferdinand King of Portugall But of all others John of Gaunt Duke of Lancaster by his actions his marriage and his titles did incorporate in a perfect union these two crownes as if nature had determined by an holy Sacrament inviolably to couple and linke together these three Kingdoms and by an union of blood to confirme that amity for of him all the Kings of Spaine and Portugal are descended Wherupon after the civil warres in Eng. were ended K. H. 7. a politick Prince sought to match his Sonne Prince Arthur with the Lady Katherine of Spaine that there might continue a perpetuall succession of consanguinitie between the two crownes and therefore renewed the old league with Philip the first of Austria an. 1505. the which continued warmely and faithfully untill the schisme and unkindnesse of Hen. 8. made some variance unfortunately betweene them But all this notwithstanding they object that the like is not hereafter to be expected of Spaine which by the union and accesse of Austria Portugall and both the Indies cannot be contained in any circle nor tyed by any pact to hold friendship with any Prince farther then he pleaseth These are the scar-crowes of Amsterdam vaine and untrue for Maximillian the Emperour after that great union made a league with King Hen. 8. 1507. and held so good correspondency with him that at Turvey he did his Maiesty the greatest honour that ever was done to England to take a hundred crownes a day to serve under his standard and he further promised King Henry to assist and aid him to take possession of the crowne of France Besides Carolus 5. on whom the greatnesse and glory of Spaine and Austria was most eminent and powerfull did be not come to visit King Henry in England did he not make the treaties of entercourse with him Anno 1515. and 1520 did he not confirme their amity by the treaty of Cambrâ—y 1529 So as there was a reciprocall and inviolable friendship betweene them till the Kings divorce from Queene Katherine the disgrace of his Aunt the schisme of England and King Henries confederation with the French King did much alien the Emperours heart from him but it was no rooted hatred For notwithstanding all his supereminent of titles and Kingdomes Anno 1543 they embraced one anothers friendship and renued it againe tractatu auctioris amicitiae And lastly King Edw 6. being dead the same Charles 5. as if hee had foreseene how one of these crownes stood in neede of the other married his legitimate son to Queene Mary with such conditions as were most honourable and profitable And after her death nothing but a quarrell of Religion ambition and faction broke the bond which prudently and out of his temperate disposition King Philip 3. laboured to tye a new and binde with a faster knot if his Royall offer had beene as wisely accepted as by the Count of Villa Mediana it was nobly tendred By all which appeareth their folly and vanity that thinke there can be no peace made with Spaine nor articles kept nor faith nor fidelity observed But consider who can oppose this peace with reason The Hollanders will I doubt not and they have meanes and spies in your Court I dare not say in your Councell as others here confidently affirme that know it but their quarrell