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A16294 Bohemica iura defensa. = The Bohemian lawes or rights defended, against the informer or an answer to an information, falsly so called, secretly printed and divulged against the writings published by the states of Bohemia. Translated out of Latin by I.H.; Bohemica jura defensa. English. Harrison, John, fl. 1610-1638, attributed name.; Holy Roman Empire. Emperor (1619-1637 : Ferdinand II); Holy Roman Empire. Emperor (1612-1619 : Matthias); Spain. Sovereign (1598-1621 : Philip III) 1620 (1620) STC 3205; ESTC S121199 29,084 53

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Historie maketh no mention for the said free ELECTION of Albertus For to the deciding of our case this doth nothing at all appertayne The ELECTION of Podiebratius was not onely lawfull but also confirmed by Frederick the Emperour himselfe the head of the House of Austria and to Podiebratius his Predecessor Ladislaus at the point of death speaketh thus I must now dye the Kingdome to come into thy hands I aske of thee two things one that thou gouerne the Prouincials iustly c. The other that those who haue followed mee out of Austria and the other Prouinces thou send them backe safe into their Countrie without any violence offered them Where is this Hereditary Succession Wherefore the words of the Informer concerning the Successor of Podiebratius where he saith After the death of George although hee left Heires Males yet the Kingdome to haue returned againe of right to the ordinarie Succession Is nothing but a meere Cauill and idlenesse for these are the expresse words of Cromerus Podiebratius signified to Casimire King of Polonia that hee would ordayne one of his sonnes with the consent of the States of Bohemia for his Successour his owne sonnes neglected not by any Hereditarie right of a Kingdome which is none at all among a free Nation but by a singular inclination and affection of all the Bohemians towards Casimire and communion of Language with the Polonians Where is this ordinarie succession which the Informer dreameth of Is it to bee found in the designation of Podiebratius or in the inclination of the Bohemians or in the communion of Language with the Polonians or lastly in the words now repeated Not by any Hereditarie Right of the Kingdome which is none at all among a free Nation Here for conclusion it is to be knowne and noted wel that Lodwick King of Hungarie and Polonia had two Daughters the elder whereof Marie marryed Sigismund the Emperour and King of Bohemia the younger Iagellus Prince of Lituania After the death of Lodwicke Sigismund was ELECTED King of Hungarie and Iagellus of Polonia And although afterwards the Queenes both of them dyed without any issue at all yet the Kingdomes remayned to both the Kings the reason because they were both of them not Hereditarie otherwise they had falne to the Queenes next Allies but meerely Electiue And although after that the said Kings contracted other marriages nothing at all pertaining to the Bloud-royall of the aforesaid Lodwicke or his Daughters yet the children by them begotten were ELECTED afterwards for Kings You see here succession nothing at all to haue preuailed but onely the free ELECTION of the States Surely in Kingdomes hereditarie it is farre otherwise Philip the Second King of Spaine being ioyned in marriage with Marie Queene of England after her death was forced to quitte all and be gone and the Kingdome fell to Elizabeth the sister of Queene Marie the reason because it was hereditarie and not as the aforesaid Kingdomes ELECTIVE Ferdinand of Aragon and his wife Isabel heire of Castile dying leauing behind them many daughters the eldest daughter the wife of Philip of Austria was preferred before the rest in the succession of all those Kingdomes The reason because all those Kingdomes were hereditarie and not as ours is ELECTIVE Robert King of Naples leauing behind him three Neeces the eldest of them the two younger excluded was admitted into the possession of the whole kingdome the reason because that Kingdome is hereditarie And so this is to be obserued in all Kingdomes where women succeed You see here betweene the Kingdomes of Poland Bohemia and Hungarie which are ELECTIVE and the Kingdomes of England Castile Naples c. which are hereditarie that also women succeed verie great differences of succession For if our Kingdomes should haue beene translated to women surely Sigismund and Iagellus their wiues being dead should haue beene forced to haue left all and departed Which not being done it necessarily followeth the said Kingdomes to sauour of no hereditarie succession at all Hitherto briefly the ELECTIONS successiuely following one another with their principall circumstances haue beene declared to demonstrate the Bohemians not to be guiltie at all of rebellion disloyaltie and conspiracie as the preiudicate Informer vrgeth And if the Informer doe truely accuse them of such crimes why doth he not expresse their cases which if he had done without doubt the Bohemians would easily haue confuted them Also the Informer doth proceed to that audacitie as to denie those Kings whom he nameth to haue been ELECTED and so by his glosses is not ashamed to offer violence to a language whereof perhaps he is ignorant Whenas notwithstanding the same Kings themselues especially Iohn Albert and Ferdinand in their letters yea and that in the Latine Tongue and Latine phrases written doe confesse that they were ELECTED by the free ELECTION of the States The Informer proceedeth Neither an absolute nor conditionall ELECTION doth belong to the States but in case c. Answer What further conditions therefore haue the Bohemians prescribed to Rodolph of Austria Podiebratius and others who obtained the Crowne through no precedent consanguinitie but onely by ELECTION then to the rest which were either brothers or sonnes of the precedent Kings And the Letters reuersall and the solemne oathes taken by all the Kings what are they else but conditions or couenants of great force and conditionall ELECTIONS But the Informer persisteth Although they did not obserue them yet ought they not to be depriued of the Kingdome Answer Surely the contrarie by the aforesaid examples doth clearely appeare and what other consequence can there be implied in the reciprocall obligation of a King and his subiects The Informer saith Such penaltie is not prouided for by Couenant Lawes nor Parliaments Answer The ancient obserued customes of the kingdome of Bohemia are in stead of written Lawes yea among other constitutions the States in the reigne of Sobislaus expressely decreed That if at any time the King of Bohemia should without reason make warre against the Bohemians then the States and people ought to be exempted free and absolued from all obedience and subiection The Informer proceedeth It is against equitie that any one should be both an accuser a witnesse and a Iudge at once Answer The examples of Henrie of Carinthia of Iohn in respect of his exchange of Bohemia and of other Kings doe teach that this is nothing at all against equitie For the States euer haue beene and are yet the Censors and Guardians of their priuiledges yea also the later Emperours ordained them to be Defendors of their Edicts and Liberties and chiefly of Religion To the examples of Wenceslaus and Podiebratius is alreadie answered The excuse vpon the receiuing of Matthias made Anno 1608. and 1611. that it was in the middest of Garboyls and warres without any exact order and that it maketh nothing for a free ELECTION is altogether ridiculous For the order