AN ANSWER TO THE QUESTION: Whether the Emperor that now is, can be judge in the BOHEMIAN Controversy or no?  
Together with the Extract taken out of the Acts of the Diet at Auspurghe, in the year 1584.: Concerning the Kingdom of Bohemia.  
M. D. C. XX.   

An Answer to the Question; whether the Emperor that now is, can be judge in the Bohemian Controversy or no? Together with the Extract taken out of the Acts of the Diet at Augspurghe, in the year 1548: concerning the Kingdom of Bohemia.  
THey that endeavour to attribute unto the Imperial Majesty that now is, the office of a judge in the Bohemian Controversy, ground their opinion upon this, that namely, the Crown of Bohemia is an Electorate & a Fee depending on the Empire; from whence they infer, that as it is only and alone due unto a Roman Emperor to confer Electorates and Fees depending on the Empire, so likewise it is due only and alone to the Emperor to judge and to give sentence in and of the same; and, that in case of not obeying or gainsaying, he may make use of his Imperial authority.  
But whilst the King of Bohemia that now is, being besides Count Palatine and Elector, hath accepted of that now mentioned Crown, Electorate and Fee imperial; and that at that time when his Imperial Majesty was exalted unto the Imperial dignity, was of the said King himself acknowledged to be his Emperor, and liege Lord; and knew very well that his imperial Majesty laid claim to the said Crown, Electorate and imperial Fee: having besides that neglected the respect he oweth to his Imperial Maiestle, as well in not abandoning that once accepted Crown according unto the monitoriall Mandate sent forth in that behalf; as also in not obeying (as he ought) his lawfully ordained Emperor, and liege Lord.  
And therefore his Imperial Majesty, being lawfully elected Emperor of the Romans, and Lord of the said Fee, and so supreme judge, can and may use against the said King all sharp, constraint, and executionall processes.  
But every one (the eyes of whose understanding are not altogether blinded with overwhelming affects) can easily perceive the insufficiency of those confused arguments, if he vouchsafe but as it were by the way to consider and look upon both parties, and upon the cause itself.  
For it is more than world-notorious, and more than manifest out of all Writings, edictall cassation, and Mandate set forth and published by his Imperial Malestie, that his Majesty neither pretendeth nor groundeth his complaint upon any wrong done to the holy Roman Empire, by accepting of the said Crown of Bohemia: But altogether and alone upon this, that namely the mentioned Crown of Bohemia appertaineth only and alone unto the House of Austria, as being an only Inheritance of the same; and that therefore it is due unto his Imperial Majesty, as being borne an Archduke of Austria.  
But if his Imperial Majesty may lawfully ground his claim of his pretended inheritance to the Crown of Bohemia upon virtue of his obtained election to the Imperial Dignity, why then should not the succeeding and from other Families descending and issuing Emperors, have the like pretence and claim of Inheritance to the same Crown? the which the House of Austria I am sure would never allow of.  
It must therefore needs follow, first that the King of Bohemia that now is, hath nothing at all to contest with the holy Empire, nor with his imperial Majesty as with an elected Emperor of the Romans, touching the accepting of the Crown of Bohemia now complained of, but as with a born Archduke; and then, that his Imperial Majesty in this private cause and austriacal pretence, nor ought nor can be both party and judge, especially whilst the Kingdom of Bohemia alloweth no jurisdiction at all to the Roman Emperor (save only in that which is due unto the Empire, as from a Fee depending on the same.) And is not subject neither to the Roman Emperor, nor to the judgements of the holy Empire, whether they be pronounced at the Imperial Court, or at the Chamber at Spire; nor to the Constitutions of the Empire, nor to the decisions of the devisions of the Empire, nor to common acts of the same.  
And whereas his Imperial Majesty in this case against the person of the Count Palatine Elector, now King of Bohemia, will be considered and produced not as a party, but as a Roman Emperor, liege Lord and judge, it is more than absurd; forasmuch as his Imperial Majesty itself in this Bohemian Controversy, hath never but entitled himself King of Bohemia, and Tenant to the Empire, in that he still hath endeavoured to confirm his pretence principally with this, that namely his Majesty hath been invested into the said and often mentioned Crown of Bohemia, by a Roman Emperor.  
Wherefore then the Count Palatine Elector, and now King of Bohemia, can be in no manner accused as if he had committed any thing against the holy Roman Empire, and the Roman Emperor his liege Lord, and so lost that Fee of the Empire he hath accepted of.  
And if his Imperial Majesty would needs herein supply the office of a judge as Roman Emperor and liege Lord, then must he necessarily take upon him two senerall and distinct persons, and set the one upon the imperial Tribunal, and make the other as ARchduke of Austria, together with the Count Palatine Elector, to appear before him, and then judge which of those two hath the better Law, whether the Archduke which by clancularie conventions hath sought to change and convey the Crown of Bohemia (a Fee of the holy Roman Empire) to the great disadvantage and hurt of the same Empire, to the House of Spain, which long since hath affected an universal Monarchy: or the Count Palatine, which still hath, and as yet laboureth daily to obtain the said Crown and Imperial Fee from the Empire.  
And yet more absurd is this, that they go about to persuade the World as if the Count Palatine Elector had done too much, and had committed against the Law in accepting of that him offered Bohemian election and Crown, and that at that time, when his Imperial Majesty was already exalted to the Imperial dignity: when his Imperial Majesty was acknowledged by the said Count Palatine Elector himself, to be his Emperor, and liege Lord: and when he knew full well that his Imperial Majesty laid claim to the same Crown. For should the consideration and respect of Imperial dignity be holden sufficient enough for to bar him from accepting of that, unto the accepting whereof (as constantly he believeth) he was warranted by God, and by the Law?  
And what will the effect of this objection be else, but to conclude that the pretence of the demandant must needs be the stronger in Law, because he is now preferred to higher dignity than he was before? There is no Prince of the Empire, which pretendeth not some one action or another against his equal in private affairs: But if his equal should attain to the Imperial dignity, would that same his preferment be cause enough for to cut off the lawful action of the other Prince? Or should a Canon be barred from prosecuting his action he hath entered against his fellow Canon, concerning some private demands, because his fellow Canon and adversary is chosen to wear the Mitre? Should a Citizen lose his Law and pretence, because his fellow Citizen and adversary hath got the Majorship? Should a Soldier give over his suit, because his fellow Soldier hath got the Captainship, and so a command over him that sued? If we should grant this, then must we likewise and most necessarily grant, that the Dignities of what degree soever, have been brought in rather for suppression then for promotion of justice: notwithstanding the scope and principal cause of the establishing and ordaining of heads, and governors in all estates and degrees of the World, is, that thereby good government may be maintained, Law and justice may be administered to every one which seeketh for it, and to whom it is due; and that none may be molested by another unlawfully and wrongfully.  
And although in all estates and degrees, every one is bound by Law and justice to render due honour and respect to his lawful Superiors, yet ought that same honour and respect to be in no wise derogatory to the right of him that is bound to honour his Superior, but rather a motive and way to attain to the same.  
But more than absurd it is that they dare persuade his Imperial Majesty to make use of his obtained Imperial power for to maintain and colour his private austriacal pretence, and to go throughstitch with force, as being Roman Emperor: witness all those Writings and Patents which here and there have been published and putsorth under the name of his Imperial Majesty, concerning as well the forcible Spanish Army raised in the Provinces of Lower Burgundy, as also those which are and have been entertained of the united Electors, Princes, and Estates of the Roman Catholic Religion. For in the said Writings there be contained these two reasons, That (namely) these Armies have been levied; first for the maintenance of his Imperial authority; secondly, for the recuperation of the same, as which hath been taken away from him and from his House of Austria, in and together with Bohemia.  
Out of the which reasons every one may easily perceive, to what end the pretended first reason, which is the Imperial authority, serveth; namely, that under the Cloak of the former, the second reason, which is the claim of austriacal interest, might be the better put forward: which is indeed a most monstrous and great abuse of Imperial authority; forasmuch as it is most manifestly proved and evident, not only out of the Constitutions of the Empire, and all Imperial Capitulations, but also out of Nature, that the Imperial authority is given to all and every Emperor, to this end only, that right and justice (the only true foundations and Pillars of every Realm, and without which no Realm can nor may subsist) may be administered without partiality, no Prince and Estate of the Empire molested. But every one, as members of one body, against all unlawful power defended, and so the whole Body in good unity, peace, and estate preserved: which end to obtain, it would be impossible, if every Prince, after he is exalted to the Empire, should be allowed to confound the private actions of his own or of his Family, against his or their equals with those of the holy Empire; and to drive through by war, proscription, or other such like sharp means (though they were made without all lawful precedent cognition, and rested only upon his own will and pleasure) that, which in propria causa, he never was able to perform and obtain by himself, and that under colour of Imperial Sovereignty and authority: which indeed is nothing else but to set into disquietness and combustion and extreme danger, the holy Empire; notwithstanding the Imperial Majesty that now is, hath highly obliged himself to the increasing of the peaceable welfare of the same.  
But for to prevent and to avert all mischief and inconvenience which might arrive out of the abuse of the Imperial authority, it hath been most wholesomely provided by all the holy Roman Empire, that every new elected Roman Emperor shall at his Imperial election instantly be urged by the electoral College, to confirm and ratify with a corporal oath this of so many strong clauses consisting imperial capitulation: That namely, neither he himself will by violence and power, hurt or suppress any of the Electors, Princes, Prelates, Counts, Lords, and other Estates of the Empire; neither cause nor give way to others for to do the same: But if either he or any other hath to demand any thing, be it of them all in general, or of some of them in particular, that then (for to avoid tumults, dissensions, and other hurtful inconveniences in the Empire, and to preserve peace and unity,) he shall open lawful audience and process; and suffer in no wise, neither in these nor in other matters, where they may have ordinary Laws, and are willing to submit themselves thereunto, to hurt or to invade by robberies, spoiling, burning, defiance, war, or any other way, under what colour, or pretence or name whatsoever: that he will and shall prevent and suffer that henceforth in no wise no body, be he of high or low degree, either Elector, or Prince, or any other, without cause and unheard to be proclaimed or declared guilty of iterate proscription and banishment. But that herein all lawful proceed and ordinances enacted by the holy Empire, shall, according unto the direction of the reformed order of the Imperial Chamber at Spire, be fully and strictly observed and accomplished: And finally, that he contrary unto the golden Bull, and other Ordinances of the holy Empire, shall in no manner of way send forth, nor use, neither of himself, nor by way of Entreaty from other Magistrates whatsoever, any Rescript, Mandate, or whatsoever may hurt; with this express addition, that, if any thing repugnant to the aforesaid points be either obtained or sent forth, than all the same shall be void and of none effect.  
Whilst the now-Imperiall Majesty that now is, hath ratified and confirmed every word of this Capitulation by a corporal Oath, it must needs be more clear than the Sun itself, that he neither ought nor can be both Party and judge in his own proper cause against any Elector or Estate of the Empire, much less make use of his Imperial authority.  
But forasmuch as it might easily happen that at one time or the other, either the Roman Emperor should have occasion upon some controversy to enter action against one or the other Elector and Estate of the Empire, or some one Elector or Estate of the Empire, or the other against the Roman Emperor, touching some private causes and pretensions; and that therefore necessity would have and require an unpartial judge, it is further expressly set down and ordained by the Constitutions of the Empire, and by the fundamental Law of the Golden Bull, that in such like cases, that is, when either the Roman Emperor shall sue in Law any Estate of the Empire, or be sued in Law by any Estate of the Empire; the whole matter of Controversy ought to be pleaded, and tried, and judged only and alone before and by the Count Palatine of the Rhyne, Elector, as ordinary judge lawfully thereunto authorized by and in stead of the whole Roman Empire.  
And although it cannot be denied, but that, (for to give some colourable show to the abuse of the Imperial Sovereignty and authority.) it is furthermore and again alleged & cast abroad, because this Controversy and Action concerns an whole Electorate of the holy Empire, that therefore all Electors together have power granted unto them, for to give their judgement, and to interpose themselves in it: and that likewise not long since, with one consent, it hath been agreed upon by the Electors to this end assembled at Milheusen, that namely his Imperial Majesty might lawfully, and by virtue of right and justice, make use and put in ure his Imperial authority and power in this his austriacal private pretence against the Count Palatine Elector, now King of Bohemia: yet is the same the very fullness and height of all absurdities and unrighterousnesses which ever were heard of under the cope of Heaven. For if the three spiritual Electors be of opinion that the Electoral College hath power by reason of the Electorate of Bohemia, to take the cause in hand, and to judge in and of the same, than had it been their part and office at the last past Election-day at Frankford, when the whole Electoral College was most earnestly required, as well by the States of Bohemia's Ambassadors, as also thereunto instantly admonished, by the Deputies of the three Temporal Electors themselves, before all other things, to employ all their labour and pain for to appease and take up the matter, especially cum Res adhuc esset integra. But whilst at that time they would take no notice at all of it, whilst also the Elector of Mogunce would not so much as once propose unto the Electoral Council-table, the Letters of Intervention delivered unto him by the Ambassadors of Bohemia, (notwithstanding his Electoral Grace should have done and performed the same ratione officij, as being Arch-Chancellor to the Empire:) whilst also the three Spiritual Lords-Electors, together at that time would not permit the aforesaid Bohemian Ambassadors to come to that by them required audience, notwithstanding it did concern the Electorate of Bohemia, and was due unto them by the very Law Nationall; We cannot but greatly marvel, that now they show themselves to be possessed as it were with an evil beforehand privily preiudicative conceived judgement; in that now, they of, & among themselves, and without privity of the whole electoral College, much less of any other of the Princes and Estates of the Empire, overshoote themselves so fare, that, contrary unto all Laws both divine and humane, they forget not to condemn one party unheard, and to absolve the other.  
Out of this manifest behaviour of theirs then, it will be hard to find out, or see any way, whereby they may or can be able to free themselues from partiality, much less to show or make, or obtrude themselves judges unpartial; forasmuch as it cannot be denied but that the Crown and Electorate of Bohemia, hath his own proper and undoubted fundamental Laws and privileges, according unto the Tenor whereof, the King together with the Estates of Bohemia, aught to be convented in cases of the like nature, and alloweth no jurisdiction at all to the holy Empire, save only (as it was said before) in that which is due unto the Empire, as from a Fee thereon depending.  
And whereas the fault which was publicly committed at Frankford, striveth privily and without all power to excuse or shrub itself by and under the name of Imperial authority; it is such a thing which hereby must be remitted to the judgement and Tribunal of God, the most just judge.  
But the things now spoken, are by no means to be thus understood, as if the King of Bohemia, Count Palatine, and Elector, would not submit himself, nor undergo any other lawful judgement, forasmuch as he hath still and of his own accord offered himself thereunto, if so be the same might be done and had in due and convenient places, by unpartial and thereunto qualified persons; but not before some few Estates of the Empire, arrogating unto themselves apart, and de facto ius iudicandi: Nor by his Imperial Majesty's private Councel-Table, and obtrudent passionate Servants.  
Neither is the question which party hath the Law on his side, But whether his Imperial Majesty, or his Privy Counsellors, may or can be judges, or no? For, as concerning the mean and principal cause in and of itself, we refer the gentle Reader to the Deduction published not long since by the Estates of Bohemia, in the which there is contained at large, first a demonstration, how and in what manner they have obtained the right of their free Election, how and in what manner they have continued the same without any interruption, till the time of his imperial Majesty: Secondly, a fundamental confutation of the Austriacal pretensions & grounds: Thirdly, a deduction of those most urgent & pregnant Motives, by the which (assisted by their ancient and well deduced right, and free Election) they were lawfully moved to reject the Imperial Majesty that now is, and to take in hand a new election: concerning which points they are ready to give reason, and answer in due place, and before competent judges; and to produce further proof for to show that their most gracious King and Lord that now is, is most unkindly dealt withal, in that he is said to have pulled the Crown of Bohemia from the head of his Imperial Majesty, whereas his royal Majesty obtained the same most lawfully by ordinary and unanim free election, the same Crown being then altogether vacant. But we deem it needless to dwell any longer upon this, especially discovering as it were by the way, another gross absurdity worthy to be taken away.  
For many there are found among these which entertain an erroneous opinion of the lawfulness of the pretended claim of inheritance of the House of Austria, and which say, That although in the Golden Bull there be expressly reserved unto the Estates of Bohemia the right of free election, whereas in other temporal Electorates and masculine Fees of the Empire, there is set down & confirmed a special order concerning the hereditary succession in the same, of the eldest Sons and other near kinsmen by the father's side: that nevertheless the same is to be restrained to the Family of Charles the Fourth, and so to the House of Austria only, forasmuch as it is not to be presumed that Charles the Emperor, and they then assembled Electors, Princes, and Estates of the Empire, would have thus easily, and that directly given the Electoral office annexed to the Crown of Bohemia, to the free election of the Estates of Bohemia, and so attributed the same to an uncertain Family.  
But this imaginary objection hath as little ground and strength, as may be found in this which would persuade us that the free Election of the three Cathedral Chapters, of Mogunce, Colen, and Triers, of their Archbishops and Electors of the Empire, is not granted unto them simply, but is restrained to some certain Houses and Families: Whereas much the more it is to be presumed, that, because and whilst, according to the Go●den Bul, the other three temporal Electorates and Fees masculine, cannot hereditarily descend upon the daughters, but unto the sons only, and to the nearest kinsmen of the father's side; so in like manner the Estates of Bohemia, after the Crown of Bohemia hath been made an Electorate, should elect no woman to be their Queen, and so an Electrize of the Empire; as also the aforesaid three Spiritual Chapters use not to choose women to be their Archbishops, and Electors of the Empire.  
And surely it is a thing very new, nay heretofore never heard of in the holy Empire, that men should so much have endeavoured to appropriate the Electorate of Bohemia, as well to women as to men, and that by a feigned and never as yet proved right of Inheritance; yea, that the claim of Inheritance, pretended by his Imperial Majesty, will needs and principally be deduced from a Woman, to wit, from Anna, wife to Ferdinand the first, Emperor. Forasmuch, as long as the Electoral College hath been, never woman wore the Electoral office.  
And it would be a thing unaccustomed and strange, if a woman should be either received or intruded into the Electoral College, considering that a woman is not only uncapable thereof by reason of the quality of that Sex, as being unable to accomplish the warlike service due of such Fee of the Empire to the Empire; but also that it would be resembling more a Stage-play, then be convenient to the gravity of an Electoral College, if a woman at the election of a Roman Emperor, should sit in the midst of the spiritual and temporal Electors, should moreover ride together with & amongst them, should perform the Electoral office, should bear the Electoral sword.  
Whereupon then now, and to conclude, it is left to the wise consideration of the whole impartial World, but especially of the most illustrious Electors, Princes, and Estates of the Empire, to judge, whether it would be just and lawful, and not rather contrary and repugnant to God, and to the liberty of the Electors, Princes, & Estates, if it should fall out that his Imperial Majesty should, as well in this present case, as in other of the like nature, (where nothing at all is attempted nor meddled against & with the holy Empire, nor any orderly and lawful cognition had) defend and maintain his private pretence and interest (the which by arms he hath defended ere and before he attained to the Empire) by way of obtained Imperial authority, and that against so chief an Elector of the Empire; should in causa propria press forward with Imperial power, should raise dangerous war, not only in Bohemia, the pretence whereof is controverted, but in the very midst of the holy Empire, and that by Spanish servants, evil affecting the Germane Nation; should be both party and judge, should as elected Roman Emperor adjudge to himself such pretended austriacal right, should condemn the contrary part and that unheard, should put forth and execute the threatened process of proscription, and that under the name of Imperial Sovereignty: but for private commodity, should by such extremes expose to uttermost danger of total ruin (which God forbidden) the whole Roman Empire our native Country, and that all contrary unto that by corporal oath ratified Imperial Capitulation.  
Thus now (courteous Reader) hast thou here a short Answer to the proposed Question; Consider the same well, and desire God to assist the right. Farewell.   

An Extract taken out of the Act made at the Diet at Worms, in the year 1548: Concerning the Kingdom of Bohemia.  
THe Royal Majesty of Bohemia, hath betimes and before this been put in mind by his ordained Council of the Division, how that the King of Bohemia hath been found in the last Contribution-Roll at Worms, and that therefore the intent of the general Assembly of the Division, is, to put his Royal Majesty (as being King of Bohemia and Elector) likewise into the new roll, and to assign him his portion of Contribution, for those Lands which his Majesty holdeth from the Empire, as King of Bohemia, so as the said Council hath done already in the reformed Contribution-Rolle.  
But because this their motion and intent hath been altogether strange to his Royal Majesty, by reason that his Majesty heretofore never heard nor knew any thing of it; his Royal Majesty hath deferred the matter (for want of sufficient present instruction) until his happy return into the Crown of Bohemia, where, after most diligent search and enquiry made, he could find out or know nothing else, but that the Estates of the Crown of Bohemia, knew of no contribution to the Empire; and say plainly, that neither the alleged Rolls of Worms, nor the ancienter, hath been made with will and consent of his Royal Majesty's renowned Predecessors, Kings of Bohemia; and that they were never liable to any aid, nor never gave aid; and, in a word, that they own none.  
Neither can his Royal Majesty call to mind, that ever he was burdened with any Contribution, or demanded any aid; much less paid or performed any, notwithstanding not a few Contributions and aids to and for the Empire, have been made and agreed upon by the Empire; Whereas, moreover, the King of Bohemia is never summoned to appear or to be present at the general Diet of the Empire, and hath neither place nor voice in the Council of the Empire.  
Besides this, whilst the Contributions to the Empire have hitherto been laid only and alone upon those Estates which are contained and particularly set down in the ten Divisions. But the Crown of Bohemia being found in no Division at all, the general Estates of the Empire may easily perceive and know that that Crown hath heretofore never contributed with the Empire, and can therefore not be but wrongfully put into the roll of Contribution.  
Neither do the Contributions of the Empire concern but only the Estates of the Empire of the German Nation, which rest under the defence and protection of the holy Empire, and use the peace and Laws of it.  
And though his Royal Majesty, as King of Bohemia, holdeth of the holy Empire certain Countries and Dominions that use the Germane Language, yet have the said Countries and Dominions, from the Roman Empire, neither defence nor protection, nor peace nor Law, but are from ancient times severed from the Empire of the German Nation, into a particular Realm and Nation, and are not incorporate to it, and therefore not subject unto the burdens, aids, and Contributions of the Empire of the Germane Nation.  
And though many Strangers, and outlandish Potentates, hold of the Imperial Majesty and the holy Empire, many renowned Countries and Dominions, yet are they never burdened, or subject, with or to any Contributions and Aids to the Empire of the German Nation.  
Whilst then, now out of this it appeareth, that the King of Bohemia is not bound to the Contributions of the Empire, but wrongfully and by mere error, put into the Contribution-Rolle of Worms, or perhaps into others more ancient, as his Royal Majesty, as King of Bohemia, doth assure himself confidently, and hopes that the general Estates of the Empire will desist from their intent and demand, and burden his Majesty no more, than were his Predecessors, Kings of Bohemia. And if his royal Majesty, as King of Bohemia, and Elector, can do or show any assistance to the holy Empire, or else to the Estates of the Germane Nation, as well in general as in particular, for the profit and common welfare, whether it be out of duty, or out of good will or friendship, his Royal Majesty offereth himself hereby most willingly and friendly thereto: giving likewise hereby notice unto the general Estates, That as hitherto the Estates of his Royal Crown of Bohemia, have showed themselves most obedient, ready, and forward in all occasions of any necessities against the Infidels, so now and hereafter they will not want to perform the same at the utmost of their power.  
FINIS.