BOHEMICA JURA DEFENSA.  
THE BOHEMIAN LAW OR RIGHTS DEFENDED, Against the INFORMER: OR An Answer to an Information, falsely so called, secretly printed and divulged against the Writings published by the States of BOHEMIA.  
Translated out of Latin by I. H.  
M. D.C.XX.   

The Translators Preface.  
HOw hard a thing it is to translate from one language to another, and make the same word for word to answer one another, as face answereth face in a glass; the right sense, phrase, grace, and propriety thereof observed, is not unknown to the learned, who have acknowledged, and found by experience, this so great a difficulty. Much more hard (I say) then to compose a thing anew, and bring forth a man's own free conceptions: which yet is both hard and painful, as all new births be. Neither is it to be expected, or possible for any one, always so exactly to express the very words & phrase, which in diverse languages are different: a liberty therein left to all Translators, which here I challenge. Nor have I varied much from the Author's words herein, but only in some few places (and that consulting with better judgements than my own:) which had I translated verbatim, might have remained very obscure. And so I refer it to the censure of all those who favour the equity of this so Christian a cause. Being an answer to an Information (or rather misinformation) of the Adversaries both of Truth and Religion, who are now grown to that height of impudence, as they will Inform, affirm, yea and contradict and deny almost any thing, though as clear as the Sun, either in matter of right or fact, to maintain their own desperate cause. Witness all those idle rumours we have heard with our ears, from time to time dispersed amongst us, and daily hear: which Time already in part hath showed to be palpable and false, and (I hope) will do more and more; coming from the father of lies, and his malicious instruments: with such contumelious and unworthy aspersions, upon that most Noble and Heroical Prince, now King of Bohemia, and his proceedings; whereby they endeavour by all means to disable, disgrace, and disparage him, (and so have done even from the time of his Nuptials to this last Action, which hath set them all on fire) as (I hope) God in due time will make all the world eye witnesses and judges thereof by the event; Exitus acta probat: and hereupon we will join issue with them. If Rome be not Babylon, and Babylon fall not, then are we palpable liars (as they call us) like themselves, neither hath the Lord spoken by any of his Prophets: but if it be, then let them be liars (as they are, and the children of their father the Devil) and God only true, as it is written: in the mean time, desinant maledicere, I say no more. If there be any escapes either in this translation, or the former impression of the Latin (whereof I was an overseer) as also of the other Reasons and Relations, formerly published, (wherein was promised further satisfaction, and justification of the cause, since made good, both by the King of Bohemia himself, and other his servants and well-willers) I say as then: Me, me adsum qui feci; I hope the Christian Reader will pardon and pass over them. If those of the adverse part, friends and well-willers to the Informer, perhaps meet and quarrel with such small matters, they shall but only bewray their distrust, and weakness of their own cause, not finding greater matters to challenge, therefore carping at the least: remembering that saying (whereof they make good use) Calumniare audacter, semper aliquid haeret. And so I conclude with the Author in this his prooeme following, referring (as before) the further censure hereof to the discreet and judicious Reader: let the wise judge whether is more solid; and let the prudent Reader adhere and cleave unto that which is the plainer, and grounded upon best proofs.   

The Bohemian Laws or Rights defended, Against the Informer.  
THAT most excellent clear Lamp of right reason, is not so altogether extinct by the fall of man's nature, but that some little spark, (and so much) remaineth, that even those who do most of all offend against right reason, and confound, and overthrow both divine and humane Laws, do yet covet, and would be thought to do those unjust things they do, (or endeavour to do) by Law and by right. There be some go a fowling after Kingdoms, and hunt after Sceptres: and send abroad their hounds, that they may assault the wild Beast lying hid safe and secure in her own Lords Parks: pretending her now to belong to the jurisdiction of another, lest they should seem injurious to any. Such a hound we see a certain Informer to be: who, tooth and nail, by right and wrong, would (if he could) draw the Kingdom of Bohemia (in hope devoured of his Lord) to the jurisdiction and rights of the same Lord of his: that he might be thought but only to seize upon his own prey, and not to drive another man's away. From the mouthing, and biting of this so great a Dog, to deliver this noble wild Beast, were a work both just and equal, well worth the labour: that she might be detained under her own lawful and friendly Keeper, in her own proper Pastures: and not exposed to the over-greedy jaws of others, to be devoured, and swallowed up. Our Informer knew very well, no right at all to the Kingdom of Bohemia, to belong to the most Illustrious Archduke Ferdinand now Emperor. He saw the laws and rights of the Bohemians (by them explicated in a short sum) among honest minded men, and all of the wiser sort, to be held impregnable, not to be shaken. What should he then do? Not to persuade the Wise: (for of that he is out of hope) but to the intent he might induce the base, and rude multitude into that opinion; that the writings of the Bohemians are sufficiently answered; and that the Laws in them contained are by him wholly shaken: he hath caused to be printed a certain Treatise, here and there patched up to that effect; that (at leastwise by the printed book) The ignorant might persuade themselves the reasons of the Bohemians to be sufficiently confuted. If the Informer would have dealt with the prudent only, and experienced in affairs, and in the laws of government, there was no cause why he should publish those vain commentaries, secretly and by stealth imprinted. For he had adversaries very ready, who were able to discover unto him sufficiently, the falsehoods, arts, deceits, and wiliness of those commentaries: and lay open the matter before the wise without disguising and fallacies; yet did he promise to himself the victory, if he first could communicate those things (which were only debated among the wiser sort) in print to the ignorant multitude. There was no cause truly (I confess) wherefore by this information of the adverse part, the reasons of the Bohemians more largely explicated, and in vain oppugned, should have been committed to the multitude in print; bua that the other Informer, hath even in forced good men; favouring the equity of the cause hereunto! who surely (lest he should seem both to himself and others over wise) have thought this Information very fit to be published. Let the wise judge whether is more solid: and let the prudent Reader adhere, and cleave unto that which is the plainer, and grounded upon best proofs.   

THE ANSWER To the Information against the Apologies and Writings of the States of Bohemia.  
The first Part.  
THE pretended Information therefore saith, 
Fol. 1.  The Kingdom of Bohemia is not Elective but in case, etc. And a little after, 
Fol. 2.  Neither is it true that it hath continued the ELECTIONS free from six Ages. First of all, 
The scope of this first Part.  therefore we must establish the Right of ELECTION belonging to the Bohemians, which the Informer goeth about to overthrow: then after must examine the proofs produced to the contrary; from the selfsame Historians which the Informer, for the defence of his own cause doth allege. For the Kingdom of Bohemia, with the Provinces incorporate, (any one void of passion being judge) it is most certain, that from the very first beginning, it hath been altogether free, and never subject to any Hereditary Succession; and hath preserved this Liberty entire, and hitherto inviolable: not at all verbal only, of no force, virtue and effect; as the Informer falsely informeth. The words of the Informer are these: That in the Bohemian tongue every assumption, or receiving of a King, 
Fol. 5. Not every receiving of a King, signified by the word Election.  indifferently, whether it be done by right of Succession, or by true ELECTION; is signified by the word ELECTION, largely and generally taken, though improperly.  
Is not this tergiversation more than 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 be most different, the Bohemian Historians (as also others who have written in the German and Latin Tongues: to wit, Dubravius, Aencas Silvius, and others; and the Privileges also of diverse Emperors) do teach and declare.  
Therefore for the confirmation, 
The most free Election of the Bohemians proved.  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 Emperor, King, Monarch, or Prince to have taken her first beginning.  
For Czechius (after whose name even to this day, 
Haiac. Fol. 20. Aeu. Syl. c. 34. Dub. lib. 1.  the Bohemian Nation in their own Proper speech is so called) was the first, who with his Legions inhabited that Kingdom, before desert; adorned with no Laws, or Policy: who being dead; when, for the want of a Prince, diverse Controversies, jars, and Discontents here and there did arise: it was decreed by common counsel, and with one consent, for the ELECTING of some one, to whom as to their Prince, they might perform obedience. Instantly hereupon Crocus, a man excelling all others in fame, and highly beloved of all, was ELECTED: And so in the year of Christ, 670. the first foundation of the Right of ELECTION was laid. 
Anno 670.  By this form of most free, and lawful ELECTION, and by no other Law, or Right whatsoever, all the succeeding Princes, called Dukes of Bohemia, from the said year 670. unto the year 1109. and so for the space of 579. years fully complete; without any manner of Impediment of any, either Prince or Lord; have been advanced to that Government. 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 convocations, (at leastwise) of the Nobles of the Kingdom, and of the consultations for the ELECTING of a new Prince. And there can be no example found, 
See here what kind of Succession in the Kingdom of Bohemia. Haiec. Folly, 3.  although the Son succeeded the Father, where ever the said ELECTION hath been omitted: and ofttimes, the children of the dead Prince neglected, his brethren or others, also many times the younger before the elder, have been preferred and ELECTED. Yea, the children and descendants of Czechius, the first founder of this state, not regarded, they have ELECTED Crocus wholly of another Family: as Haiecius testifieth. For during that most great Confusion and Anarchy, the wiser sort, and haters of evil, called the whole people of both Sexes to the Sepulchre of Czechius; proposed the ELECTION of a new Prince, and with the general consent of all, ELECTED the aforesaid Crocus. And the reasons of this ELECTION are also set down by other Historians. For Cosma Pragensis saith thus: This man was in deliberation of judgements discreet, to whom, as well out of the proper Tribes, as out of the Commonalty of the whole Province, even as Bees unto the Hive, all men did flock, for the deciding of controversies.  
And George Bartholdus testifieth: Crocus a just man, 
〈◊〉. Barth in Boh. ●ia, pag. 11  and of great esteem and authority at that time among the Bohemians, was Elected Prince.  
Five Months after the death of Crocus, 
Fol. 8. Anno 710.  which happened in the year 710. the States of the Kingdom, and the Prelates again assemble, for the ELECTING of a new Lord; and do establish in the Government Libussa: whereof growing very weary, (as being feminine) she speaketh on this manner to the States: Depart ye, 
Fol. 11.  and that day I appoint you return to me again: whomsoever then you shall ELECT for your Prince, he shall be my Husband. 
Annᵒ 722.  And by this means Premislaus, Anno 722. obtained both the Principality, and Libussa. Where Cosma Pragensis introduceth the people speaking thus to Premissaus: Our Lady Libussa, 
Pag. 6.  and all the whole people do command that thou come quickly, etc. Thee our Duke, thou our judge, thee our Governor, thee our Protector, thee only do we ELECT for our Lord.  
Premislaus diseased and grown old, calleth the States together: as Haiecius testifieth, Anno 745. gave them great thanks that they had ELECTED him; and did entreat for Nezamislius that he might be ELECTED: who also, by this means, of the Nobles was ELECTED and advanced to the Government of the Kingdom.  
After his death, 
Fol. 36.  the Barons, Nobles, and Peers, with the whole people, Anno 783. assemble together before the gates of the Castle of Prage, and with one consent do ELECT, and salute Mnatha the son of Nezamislaus for their Prince.  
Duke Mnatha, Anno 804, 
Fol. 41.  leaving his Son Vogenus desperately sick, dieth. 
If the free right of election did not belong to the States of Buhemia, by what right could they have chosen this Rohonicus?  The States lest also his son should eftsoons 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 Dukedom) they constitute another, Rohonicus by name. But this man ruling with very great rigour, they assemble again, ELECT Vogenus, and lead him to the Duke's seat, to wit, the castle of Vicegrade. But Rohonicus, who at that time was in the said castle, pretending a former ELECTION, doth defend himself with very great force. At length, breaking open the gates, by flight he seeketh his safety, and Vogenus is confirmed in the Throne.  
After the death of VOGENUS, 
Fol. 50. If the State of Bohemia were hereditary, without all doubt the elder brother had been retained.  the whole people well ne'er of all Bohemia, Anno 822. do assemble together at the Castle of Vicegrade: where there arose great controversy, whether of the two sons of VOGENUS (when some for the goodly stature of his body, wished rather the younger, others the elder) ought to be chosen, CREVOMISLIUS at length, after diverse concertations, is ELECTED: and both the brothers, to wit, CREVOMISLIUS and VRATISLAUS, were contented to abide the decrees of the Nobles and States. And this solemn act of the confirmation of CREVOMISLIUS, in so great an assembly of people (in their own Language, applauding, Vivat, vivat, CREVOMISLIUS, this is our Duke, and will preserve us in all honour and prosperity) cometh well to be noted.  
CREVOMISLIUS dying, Anno 852. the States assembled again, 
Fol. 56.  saluted, and ELECTED NECLA with very great acclamations: who departing this life, all the people come together at the fountain of Gesenlia, and there ELECTED HOSTIVITIUS the son of NECLA, Anno 873.  
The History in this place maketh mention of a sort of Nobles of Bohemia, 
Fol. 65.  called LOPOTES: these were Lieutenancs of Provinces, who did prescribe Laws both to the people and Peers of the Kingdom; yea, even to the Dukes themselves, and saith, they did also participate of the government of the Kingdom.  
The ELECTION also of BORIVORIUS, 
Fol. 71.  the son of HOSTIVITIUS (which fell out in the year 890. Heathenish Sacrifice being used) as also of the Duchess, who afterwards by the said LOPOTES, was joined in marriage with BORIVORIUS) is with diverse circumstances described by the Historian.  
BORIVORIUS, who first received the Sacrament of Baptism, 
Fol. 72.  willing to bring in Christianity, (expulsed out of his Kingdom) in his place STUGMIR of Bavaria was ELECTED, Anno 895. Whom notwithstanding, seeing he was ignorant of the Bohemian tongue, after two months, sufficiently rewarded, they sent home again. Whereupon (a Prince now wanting) again great tumults did arise: Wherefore a general assembly was called at Vicegrade, for the ELECTING of a new Duke; and there pro and con, both for and against BORIVORIUS, great clamour, disputed by arms; at length (the Borivorians Victors) it was concluded for BORIVORIUS.  
The year following 897. 
Fol. 74.  in the month of March, the States do again assemble, and there with one consent an Embassage decreed for the recalling of Borivorius out of Moravia. This man, after (with the consent and approbation of the States) resigned the Dukedom to his son Spitigneus: who a little while after dying, thereafter Anno 907. the aforesaid Lopotes do assemble: where, after diverse and long treaties, Borivorius again is called; who when as now he had given himself to a private and quiet life, giving thanks to the States for their so propense love towards him, he doth entreat them for his son Vratislaus to be ELECTED.  
Notwithstanding the States, 
Fol. 78.  although they had conceived some doubt by reason of his sons tender age, yet animated with the father's counsels, at length they ELECTED him, and advanced him into the seat of the Dukedom.  
Vratislaus dying, Anno 916. 
Fol. 83.  after diverse public assemblies, Wenceslaus his son, being now of riper years, in the presence of the States doth speak unto his mother (a Widow, and hitherto evilly administering the Dukedom) on this manner: Know (mother) that the Lopotes, Lords and Nobles of this State, have ELECTED me for their Duke; wherefore rest thou thyself contented with the right of thy widowhood, leave the charge of reigning and ruling to me. And thus was Wenceslaus with the consent and applause of the States and people, declared Duke of Bohemia.  
This Wenceslaus, famous for his piety and Sanctimony, 
Fol. 101.  being slain by his brother Boleslaus a tyrant; into his place, Anno 967. Boleslaus the second (as the Historian testifieth) was ELECTED.  
Anno 1003. the States again assembled, 
Fol. 126.  and ELECTED jaromyrius the son of Boleslaus: his father (and that against the counsel of the States) departing into Polonia, and desiring, that if any disaster should befall him (as indeed afterwards he was deprived of his sight) they would ELECT his son into his room.  
Vdalricus, 
Folly, 41.  persecuting his brother jaromyrius, Bretislaus, Anno 1037. was ELECTED. But the ELECTION of Spitigneus the son of Bretislaus (which happened in the year 1055.) by reason of the multitude of the dead man's children, was very solemn: for the States in very great number assembled, and (the testament of the Duke deceased well weigh) all of what condition, state, or age soever they were, ELECTED the elder son of Bretislaus, Spitigneus by name.  
After him, 
Fol. 163.  his brother Vratislaus, who (according to our Author) first obtained the title of King from Henry the Emperor,) by common suffrage of all is ELECTED.  
To him, Conradus his brother, by the free voices and ELECTION of the States was substitute: who although he left behind him two sons, yet (those rejected) they did ELECT his cousin Bretislaus, and after that Anno 1100, Borsivogius.  
After this, those that were descended from the Dukes and Kings stirred up great tumults; wherefore, Suatoplucus the Duke Anno 1109. being slain in battle, the Emperor at that time present, spoke thus to the Bohemians: My Lords, I call God to witness, I take the death of this Prince heavily; but seeing it was his will, it is your parts now, which soever of his sons 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 Emperor approving thereof: unto whom notwithstanding, after, the rest of the States opposed themselves with all their might; whereof hereafter more at large.  
Thus far Haiecius, the most famous Writer of the Bohemian affairs, alleged also by the Author of the information himself: out of whose Copy printed at Prague in the German Tongue, Anno 1596. with the privilege of Rodulph the Second, of godly memory, Emperor, all these things were faithfully transcribed, and translated. Where also the German words, Election, or Right of Electing, do differ from the words of Receiving or Hereditary succession, as far as heaven from earth. For another thing is Erivahlen, to ELECT, Anegmen, to receive, and Ererben, to take by Hereditary right. Which words also in the reversals of the Emperors, Rodulph and Mathias, de Anno 1608. (as hereafter more at large shall be demonstrated) are read expressly distinct. And for the greater demonstration of the vain gloss of the Informer, let us hear the Authors who hitherto have written the affairs of Bohemia in the Latin tongue. Dubravius making mention of Nezamislius, the son of Primislaus, expressly saith thus: Though he were dull, and void of understanding, yet for the memory of his father, he obtained the favour of the States, and of them in the solemn accustomed manner, was saluted Prince in the castle of Visserade, Vicinus taking it heinously, who thought himself rather worthy the same dignity of a Prince. And after, Hostivitius (his younger brother taking it grievously) was put by the States in his father's place. 
Lib. 3. pag. 20.  Item, In that assembly Vratislaus is declared Prince by all the States. 
Lib. 8. p. 59  These phrases also are often found elsewhere. Aeneas Silvius useth phrases without any ambiguities: Him do they make choice of for their Prince.  
He through the favour of the people governed. And although this Author handleth our matter somewhat succinctly; yet, confronting him with the things before going, it may easily be understood. Hereunto agreeth the testimony of Cosma Pragensis: these be his words: After the 〈◊〉 of Brecislaus, all the Bohemian Nation, 
Chron. p. 30. Anno 1055.  both great and maul, by common counsel, and a like affection and will do ELECT for their Duke, his first borne son, Zpingnen: singing, KYRIE ELEYSON. Item The Bohemians all favouring Vladislaus, he is exalted t● the Throne. And again, The Bohemians all assenting, Vladislaus is advanced 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 sail than they: for, from the very first beginnings, even until the year 1109. they have remained in a continued course without interruption. In which year, Suat●plucus being slain, when as the Emperor, at that time present (as afore we have touched) at the instance of certain noble men of Bohemia, remaining in the camp, desired that Otho, the brother of Suatoplucus, might be ELECTED, and published: the Author expressly saith thus: In the general assembly, the chief Lords found themselves agrteved at the ELECTION made in the camp, contrary to the institution and decrees of their Ancestors:  
To wit, whose ground works (as the Fundamentals of a most free and lawful election) were laid, Anno 670. And the ancient manner, etc. That is to say, their old observed customs, even to that very day inviolably maintained. 
Lib. 11. pag. 53.  Wherefore also the States (as Dubravius and other Historians testify) would not ratify, nor admit for good the ELECTION formerly made: but to preserve their ancient right, rejecting Otho, with the general consent of the whole people, they elected for their Duke, Vladislaus: notwithstanding that Borsivogius was the elder brother. These are the words of Vladislaus in the Author: That it was no private thing which Borsivogius desired, but belonged to the suffrage of the whole people. And therefore not from one brother alone; but from all the States the government to be sought and sued for, because that in fine is like to be firm and stable, which by common counsel shall be decreed.  
Vladislaus dying, the States do elect Sobislaus his younger brother: not only three of the dead man's children put back, but again also his elder brother, the aforesaid Otho, not caring, though as then he had the castle of Prague in his hands and keeping.  Otho would not yield unto him the castle of Visserade, before he first perceived that by the general assembly, he was declared Prince, with so great and general consent of the States, that he despaired of keeping the castle any longer: which after he had quit, he returned in anxiety into Moravia, and in threatening wise, as though in short time he would revenge this injury 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 kingdom wholly belonged the pure and free ELECTION of creating and choosing their King. Afterwards, in the year 1135, in the time of Sobislaus, in the general assembly of the States (the Prince and the States consenting together) diverse decrees concerning the ELECTION were ordained, and among other things:  
1. The form of the government, in time of vacancy, 
Haiec. fol. 233.  what it ought to be.  
2. How and in what manner the States ought to be called unto the ELECTION.  
3. The Parliament assembled about the ELECTION, not to continue above three days.  
4. That the Prince ELECTED, presently after his entry, aught to confirm by Oath that he will make good, and preserve the privileges of the Barons, Nobles, and Commonalty.  
Afterwards, 
Hitherto the institutions of Ancestors, and the old customs concerning the Election of the Du●es were observed.  Frederick the Emperor, Anno 1159. (as before is said of Henry, and Vladisl●us declared King of Bohemia) created Vladislaus King, but not as yet the royal name used, until Philip the Emperor, Anno 1200, gave the golden Crown to Primislaus Otthocarus, and so renewed the royal dignity. Hence so many letters, so many privileges, so many reversals, and the explications thereof following thereupon. For from the very first ELECTION even to that time, without the benefit or favour of any Emperor, by no confirmation regal, or any other law written, but only by custom, they have exercised their free ELECTION. But afterwards (the regal dignity with the dependences thereof coming in place) express Authentics were necessarily required. Nor yet, that the said Emperors did offer any manner of prejudice to the liberties and privileges of the Bohemians, but rather ratify, and more perfectly confirm them, the Letters of Philip the Emperor do witness.  That, 
Haiec. fol. 286. There 〈◊〉 confirmed: the kingdom of Bohemia nothing at all to belong to the Emperor, but in respect of the regal dignity.  to wit, for ever it should be lawful for them (Zuewigen zeyten) by virtue of their ancient customs, to Elect whomsoever they would for their King. 
The same in a certain privilege of Frederick 2. Emperor, is confirmed in the words following: We do constitute and confirm him King: and this so sacred, and worthy a constitution we approve, and the kingdom of Bohemia freely, and without all exaction of money (according to the accustomed justice of our Court) we grant to him, and his successors for ever. Willing that whosoever by them shall be Elected for Kings, come unto us, or our successors, in due manner to ask the Regal dignity.  
Hence it appeareth manifestly, the Emperor to have reserved to himself and the Empire only, the recognition of the Regal dignity, as proceeding from him and the Empire: but the right of free ELECTION to have left altogether untouched. For the Bohemian Kings and Princes themselves, did never interpret these things any otherwise. For when as Anno 1216. Wenceslaus Son to King Primislaus (his Father yet living) was ELECTED: hereupon such letters of the Emperor's approbation were erected: Our faithful and well-beloved Henry marquis of Moravia, and the whole State of the Lords, and Nobles of Bohemia, have declared to our Highness, that by common consent, and assent of our well beloved Ottocarus King of Bohemia they have ELECTED for their King Wenceslaus, the first borne son of the Kingdom of Bohemia.  
Behold here a testimony more than authentic of a most free ELECTION, where (to wit) the sons of the Kings themselves, could no other way be advanced to the Crown of Bohemia, but by the free and lawful ELECTION of the States preceding: which also by every approved Writer of the Bohemian affairs may be proved. And although seldom they overpassed them who were sprung of the blood Royal; yet sometime also it happened: Examples, King Rodulph, Albertus' Duke of Bavaria, Georgius Podibradius, and others.  
Nor more doth the continued Succession of blood of the former Kings serve to the pretended Inheritance, 
Favour not to be drawn as a consequent, nor good deeds to be rewarded with evil.  than that of the Polonians, which (by reason of the ELECTION of the Son of a precedent King) hath been always the same. Insomuch as even to their present King (though otherwise a 
* Of Sweden.  Suecian) the favour of the Mother's Line originally derived from the Posterity of jagellus, sometime Prince of Pole, was much available to him for the obtaining of that Crown of Polonia. Mean while, yet this Kingdom, without any contradiction to be plainly and most freely ELECTIVE, no man ever denied. For seeing that these two Kingdoms have (almost) both the selfsame foundation, (to wit from Czechius and Lechus brethren) and time, and people: yea and Language but a very little differing (as all Histories witness,) what should hinder, but that they even from the first beginning, in this point of Politic Government, have resembled each other? But besides this of Poland, 
Both the Son and Nephew, and Nephew's Son and Nephew's Nephew (the Father dead) are elected. What Succession hence of Hereditary right in a Kingdom Elective▪ The upper Palatinate of Baua●ia.  we may produce also other examples, even of the Sacred Roman Empire, where the Heirs in blood have succeeded one to another▪ albeit they could have no just claim, or hope grounded upon Hereditary Succession. Surely the Ancestors of the Bohemians never suffered the most free right of ELECTION to be wrested out of their hands: in so much as they opposed themselves with all their might to john the son of Henry the seventh Emperor, 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 treaty, transaction, or disposal, or testament, or translation any other way whatsoever made, that may be hurtful to their Privileges. The Letters given to the King by the States at that time solemnly assembled at Cubit, (commonly called Elboga) do declare this sufficiently, the tenor whereof is such: We are ignorant (Sir) for what desert on our parts your Majesty should go about to overthrow our free, and most ancient Rights of ELECTION. It cannot be hid from your Majesty, that neither of force nor arms, but only of our propense love towards you, you have been ELECTED King. Wherefore not without just cause, we marvel, that by any pretenced exchange, your Majesty would seem to subject us to Lodowick of Bavaria, and s● spoil us of our most free Privilege of ELECTION. Surely Lodowick shall never by any means (except by force of Arms, or our free ELECTION) bear rule over us.  
This resolution of the Bohemians seen, King john both procured the cassation of the Treaty, 
Haiec. Fol. 388.  and also made a reconciliation with the States of Bohemia.  
This also testifieth Dubravius in these words: There in a very great Assembly of the Bohemians, 
Pag. 193.  Lodowick by his own testimony, doth purge the King of that so grievous a suspicion they had of him, and showeth unto them in writing the Paction or Agreement already begun with the King: wherein it was expressly and plainly added; the same to remain ratified and firm, If it were confirmed by the common assent of the Bohemians.  
By this short deduction a man may easily see; the States always to have preserved the Right of ELECTION; and that from the first Original of the Bohemian Nation, not to have acquired or sought the same from any, either Emperor, or King. But Charles the fourth, when to him as Emperor, the aforesaid Privileges of Frederick the second, concerning the receiving of the Regal Dignity, were to be confirmed: moved no doubt with the love he carried to his Posterity, and in hope to confirm the Hereditary Succession, limited thus (but of his own head) the free ELECTION of the Bohemians.  In case only and event, where none Male or Female shall remain alive, legitimate, (which God forbid) descended of the Lineage, Progeny, Seed, or Royal Offspring of Bohemia. 
But to Charles it belonged not to insert a new clause to the Confirmation, and by this means to overthrow the States free Election, no more then to his Father john, to exchange Bohemia with the Palatinate. Also no Confirmation doth add any new thing. Neither doth it belong to any King to overthrow the fundamental Laws of the Kingdom: especially seeing they proceeded not from the precedent Kings, but had their beginning even with the Nation itself. Wherefore also the said clause (the which for default or want of power and 〈◊〉 by itself is nothing) was never observed by the States. Also Charles in another Privilege both of the same day and year with the former, approving in the words following, the free ELECTION of Wenceslaus, the eldest Son of Primislaus Ottocarus, is most evidently contrary to himself. The words be these: And the Letters of the sacred King of the Romans, Frederick, wherein is expressed that the illustrious Henry marquis of Moravia, 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 dear great Grandfather, have chosen for their King the Illustrious Wenceslaus, his eldest Son: & the same ELECTION by the aforesaid Frederick King of the Romans was approved.  
And again, seven whole years after the afore-alleaged Confirmation, to wit, Anno 1355. the same Charles doth allege the ELECTION of the said Wenceslaus in these words: Who is known to have held the same Marquisate, with all the Honours, Dominions, and appurtenances thereof, by no other means, than as by this example ourself hold from the Illustrious john of famous memory sometime King of Bohemia, our most dear Father. As also that may be a very probable Argument, out of the Letters of the sacred King of the Romans, Frederick, wherein is expressed, that the Illustrious Henry, than marquis of Moravia, and the whole body of the Peers, and Nobles of Bohemia, with the assent of the Illustrious Ottocar, our great Grandfather, elected for their King his Illustrious firstborn Son Wenceslaus, and the same ELECTION by the aforesaid Frederick was confirmed.  
If therefore Charles himself do both acknowledge and approve the ELECTION of the Son of the King yet living; by what right doth he endeavour of his own brain, to bring in that often mentioned restraint, which doth altogether oppugn this free ELECTION? And how otherwhere can he deny to the State's power of Electing, the Royal Issue yet remaining? Do not all these things savour of manifest Contrarieties? Moreover the words of Charles the fourth, well considered, it will appear he speaketh of the Males, or Females surviving of the Royal Blood only of Bohemia. What can this therefore profit Ferdinand, borne of the Archduke's Blood of Austria? Neither is that instance of Ferdinand, (so far fetched from his great Grandmothers Mother) any thing material, which were it of any force, that Royal Blood would extend itself in infinitum: and so a free power of Electing, should never be granted to the Bohemians. Which yet Charles the fourth expressly set down; and others also might be found both nearer, and worthy to be preferred before Ferdinand. Hence therefore it is evident, that the intention of Charles the fourth, can by no means be extended beyond his own Children; as also the disposal of Vladislaus which also the clause of Charles the fourth, (which eight years after he put in the Golden Bull Imperial) doth approve. These are the words of the Bull: Saving yet always the Privileges, Rights, and Customs, of our Kingdoms of Bohemia, as touching the ELECTION of a King in case of vacancy, by the inhabitants of that Kingdom, who have right of Electing a King of Bohemia, doing according to the contents of their Privileges, and long observed Custom from the sacred Roman Emperors, or Kings obtained: the which by this Imperial Decree, we mind in nothing to prejudice: Yea, we do order the same now and ever hereafter, in all the tenor and form thereof, shall be of most undoubted strength and validity.  
Seeing therefore Charles the fourth, here-hence in the now cited Bull Imperial, doth so strictly in case of vacancy of the Kingdom, prescribe the manner of Electing according to the Privileges and long observed Custom of the Bohemians: And that there the Customs and Privileges of the Bohemians, have nothing at all which may make for the aforesaid clause of confirmation. Yea, in as much as Wenceslaus (his Father Ottocarus yet living) by no other Right but of ELECTION attained to the Kingdom▪ and this ELECTION approved, and confirmed by Charles the fourth himself: It followeth necessarily that now Charles the fourth hath debarred himself from the right of that clause, and that in no wise it can be 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 Crown. Add hereunto that by the new constitution of Charles the fourth, de Anno 1356. the Sons of the Kings could by no means reign without ELECTION going before. The States also afterwards observed this very strictly, and chiefly, Anno 1438. For so saith Dubravius: Albertus made haste into Bohemia, that by his own presence he might approve, and confirm 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 very Child) to wit, Casimire, brother to the King of Polonia.  
And Curaeus a Writer of Silesia, (one of the incorporate Provinces of Bohemia) hath these express words: Sigismond the Emperor dying without Heir Male, before his death was a chief Author, and means to the Nobles of both Kingdoms (to wit, Hungary, and Bohemia) that they would ELECT Albertus' Prince of Austria, with whom Elizabeth, the Daughter of Sigismond was joined in Marriage. The counsel of Sigismond was yielded unto, and the Government conferred upon Albertus.  
If the Kingdom had been Hereditary, and to have fallen by right of Succession to the Daughter of Sigismond, the Wife of Albertus, what needed the Authority of Sigismond or his Counsel? After the death of this Albertus, notwithstanding he had a Son borne after his death, they ELECTED Albertus' Duke of Bavaria, without any respect at all had, either of Blood or Lineage. These are the words of Silvius.  The Bohemians (after the death of Albertus was known) assembling at Prage, 
Cap. 57  make one body of the whole Kingdom, and appoint a day for the ELECTING of a new King. Those who hated Albertus, deny his Son to be King. This sentence prevailed. Therefore Albertus' Duke of Bavaria, by the greater part of the voices of the Lords is declared King. 
And here is very remarkable the reason of Duke Albert's refusing of the Kingdom: 
Albertus' of Bavaria, why he refused the Kingdom.  which (as Dubravius testifieth) was not in respect either of Blood, or not of competent Election: but of the difference only of Religion, and of discord. For so expressly writeth DVERAVIUS: Albertus' Prince of Bavaria, contrary to all men's opinions, excused himself for not accepting of the Kingdom of Bohemia: Answering that he had rather dye then reign in that manner as the Bohemians desired; for they desired that he would not only allow and approve the Communion in both kinds, but also protect the same with all his estate and power, against all Adversaries whatsoever.  
Haiecius also doth by all means confirm this excuse of Albertuss, 
Fol. 138.  saying he was otherwise much inclined to receive the Crown, and that he went to the Confines of Bohemia, as far as Chamus; that he entertained the Bohemian Ambassadors sent thither, in the Bohemian Tongue, and gave them thanks for so great Honour conferred upon him: Neither to have regarded the Reasons of the Emperor Frederick, (pretending I know not what right for his Nephew,) but only to have alleged the Dispute of Religion. Which done the Regal Dignity was offered to Frederick; who although he did produce for excuse the rights of his Nephew Vladislaus, yet there were other, and that more pregnant reasons of his refusal of the Kingdom, which Haiecius doth deduce in Anno 1441. Two years after, 
Fol. 139. Fol. 141.  the States again send their Ambassadors to Frederick, and because he refused the Kingdom, 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 means for his Nephew, who being elected, and afterwards dead, the Right of ELECTION, Anno 1458. was again confirmed much more: For so Dubravius.  In Bohemia there was never more ambitions & hot pursuit in Parliament for electing a King: so many, 
Lib. 30. Haiec. Fol. 167.  & so great Competitors there were, which kindled it. 
Where (among seven or eight, among whom the Emperor himself, 
If this Kingdom had been Hereditary by force of that clause of Charles the fourth: What hope had there been for so many great Personages? Lib. 30. p. 344. The King of France, by what consanguinity I pray you was he joined to the precedent Kings of Bohemia?  Kings also & Princes were Competitors) the States to show their most Free Right of ELECTION, with one consent (all the former rejected) elected for their King Georgius Podiebradius, etc. Here the words of Dubravius come well to be noted: If the French Ambassadors might have been admitted and heard in Parliament, the opinion was; that they would have carried it away by voices.  
Where is here (although the aforesaid Suitors omitted not to allege what pretended right every 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 Liberty, (the Sons of Podiebradius that was dead, neglected, whereof hereafter more at large) a new and solemn Parliament is celebrated, for the ELECTING of a King: hereupon Dubravius: It was a solemn custom that the Parliament for creating a King should be celebrated at Prague, 
Lib. 35. Maiec. Fol. 18●.  but it seemed good among so many diverse affections and dispositions at that time of all the States, and having Prague in great jealousy, and suspicion, to translate the Parliament to the Hills of Cuttemberg, public assurance and safe conduct being given to all men to come thither, and return freely, and with great liberty to end the giving of their voices. Rosensis and others, etc. giving their voices with great content, helped Mathias, but the mayor part desired for their King Vladislaus, the Son of the King of Polonia, a young man, and by reason of his age not infected with any partial Factions: the greater number prevailed.  
In this Election there can no Historian be alleged, who saith, that there was mention made of Blood and Lineage. For if the Royal Stock and Lineage had given any occasion to ELECTION, well might the Sons of William of Saxon, coming of the elder Sister of King Ladislaus, 
Haiec. Fol. 213.  have been preferred before Casimire, Son 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 Son, yet after his death, when his Son sent his Ambassadors, (with the Ambassadors of the Emperor and King of Poland) to the States, the first time they suffered a great repulse; at length after a whole year very great controversies (by reason of the Oath and other circumstances) arising, and first extinguished, with very great difficulty he is elected. These are the words of Dubravius.  The States do promise the free Government to Lodowick, upon this condition, that so soon as he should come into Bohemia, he should confirm the Laws and Liberties of all the States with his own mouth by Oath, as is accustomed to the Kings of Bohemia. 
Lodowick being dead, 
Fol. 267.  the ELECTION again was held with very great Solemnity: where although Ferdinand alleged his double right, as well in respect of his Wife, Anne the Daughter of Lodowick 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 solemn ELECTION. And ordained out of every of the three Provinces eight ELECTORS for the choosing of a King: yet taking first a solemn Oath to elect the most worthy. It is true indeed that Ferdinand, 
Ferdinand, by no Hereditary Right but only by the free Election of the States is crowned.  was elected but for other causes; wherefore also thenceforth, he renounced those Rights before pretended and by his Ambassadors moved, by express reversals: the tenor whereof is this: We Ferdinand, by the grace of God King of Bohemia, Infant of Spain, Archduke of Austria, marquis of Moravia, Duke of Luxemburgh, Silesia▪ and marquis of Lusatia, etc. Do make known to all men by the tenor of these presents, how that the Barons, Nobles, and also Cities, and the whole Commonalty of the Kingdom of Bohemia, of their free and mere good will, according to the Liberties of that Kingdom, have ELECTED us for the King of Bohemia: wherefore we acknowledge that we have understood this thing from their Ambassadors, and know (indeed) and find, that the foresaid States and Commonalty of that Kingdom, not of any right, but so as before is written (choosing us for King of Bohemia) of their free and mere good will have made that ELECTION. Witness these our Letters confirmed with our Seal annexed: Given in the City of Vienna the 13. of December, 1526.  
For the answer of these reversals, that they (to wit, Anno 1545. and 1547. in the Parliament) were changed, the States with the Provinces incorporate, do allege Ignorance altogether: and they of the house of Austria, seeing they affirm it, let them also look unto it, how they will prove it: yea, if further inquiry should be made into this Parliament, it would easily be evicted, their proceeding to have been very prejudicial and dangerous to the liberties and privileges of the Bohemians. And so the Bohemians shall be destitute of no defence either of exception of default of authority, or of constraint by violence, or fear, or of other things that may make for them.  
After that, in the year 1549, Maximilian, at the instance of his father Ferdinand, in the same manner altogether, as the son of Prim●slaus, was ELECTED King: and after his father's death, Anno 1562, was crowned.  
The same happened, Anno 1575., with Rodolph the son of Maximilian.  
How Mathias, Anno 1608, came unto the Crown, there is no man ignorant: for the reversal Letters, aswel of Rodolph, as of Mathias, do plainly show, that he attained to the Crown of Bohemia neither by transaction, or disposal, or privilege, or treaty, or by the clause of Charles the Fourth, or any other Right: but only by the free and lawful ELECTION of the States. The reversals of Rodulph, among other things, are in this manner: We have required the States of Bohemia 
The reversal Letters of Rodulph the Second, Emperor and King of Bohemia.  that if we should happen to die without heirs Males, they would accept for their future King, the Archduke Mathias, our eldest Brother: after that he hath lawfully sought it of them, according to their privileges, and that after our death, they would ELECT and crown no other but him; steadfastly hoping that the States, both for the aforesaid weighty reasons, and the general good of the Kingdom, will condescend to this our friendly petition. We on the other side, for us, our heirs, and all our successors of the kingdom of Bohemia, do promise, that this acceptation (and after our death, ELECTION, and coronation of our well-beloved Brother) shall no way be fraudulent, or prejudicial, neither to their received privileges, statutes, donations, customs, etc. especially from the time of Ottocarus, john, Emperors; Charles, Wenceslaus, Sigismond, Albert, Ladislaus, George, Lodowick, Ferdinand, and Maximilian, our most dear Father. In witness, etc.  
The words of the reversal Letters of Mathias are these: We have often desired our Lord and Brother the Emperor Rodolph, that during his life time he would desire the States, for the acceptation of us, (we notwithstanding first lawfully demanding the same) as the eldest brother of his Majesty, so as his Majesty dying without lawful heirs Males, they would not ELECT for their King, and crown any other besides us. To whom assembled (a large proposition being made from his Majesty, 
The reversals of Mathias the Emperor, King of Bohemia, and Predecessor of Ferdinand that now is.  and our Ambassadors present) we have there promised, that if the petition of his Majesty be yielded unto, this shall nothing at all derogate from their liberties, privileges, and ancient observed customs. Which done, the States with a free and joint consent, upon his Majesty's proposition and our petition, have declared us for the time to come, and after the decease of his Majesty without heirs Males, (as the eldest brother of his Majesty) to be elected and crowned King, etc. And this declaration of the States, we do promise shall not derogate, or any way be hurtful to their privileges, nor aught to be, etc.  
By that which hitherto hath been said, it may easily appear, the Kingdom of Bohemia to be altogether ELECTIVE, and not at all hereditary; yea, and that the right of ELECTION can never by any treaty, disposal, paction, or any other way be infringed, or limited. For the right of ELECTION (as hath been often remembered) took her beginning, not from any Prince, but from the most ancient foundation of the Kingdom, even to this day inviolate, and untouched, in a continued course and order without any interruption at all. And although against the aforesaid acts, laws, and privileges, some things might be objected, yet the reversals of Rodolph and Mathias now already produced, do prove an undoubted right of ELECTION. And if the pretended right of Succession were or ever had been so manifest, what needed so many words and reversals? Also it is to be noted, that the said treaties of the two brothers, Rodolph and Mathias, (which they begun by a mutual consent with the States) are of more force than all other declarations, and precedent disposals: not only in respect of time, but also in respect of form and matter. For there expressly the common consent of all the States is alleged, which no otherwhere, neither in the privilege of Charles the Fourth, or the disposal of Vladislaus or in any other writing is to be seen; nor yet the said privilege or disposal of any Emperor, one or other, found to be confirmed: which surely doth put upon this whole matter no small suspicion. And by good right Charles the Fourth, Vladislaus, and Ferdinand, (seeing they always spoke in favour of themselves and their posterity) are reported to have been but bad witnesses in their own cause; neither were their letters confirmed by the succeeding Emperor. But if they had been approved by the common consent of the States, they might in some sort have been borne withal: but seeing the Kings are both actors and witnesses, very well in this case may their testimony be rejected.  
By all these things may any one (not overtaken with passion) easily see, that the States in all ages even to this day, by force of their proper liberty, have strongly maintained, and preserved, the free and absolute power of ELECTING Kings: so that none whosoever is able lawfully to pretend any right at all to the Crown of Bohemia, but only by the lawful and free ELECTION of the States, ELECTED. And also he that shall attempt any thing against the free ELECTION of the States, ipso facto doth disable himself of the Crown.  

Now let us see the Arguments of the contrary INFORMATION.  
First of all, he citeth privileges, and in the Margin, 
The frivolous and feeble grounds of the Informer answered. Fol. 1.  the Golden Bull Imperial of Charles the Fourth. But the Author of the Information seemeth to have put the same of purpose out of the List of the other fundamental reasons: for by the former alleged words of the said Bull, it is manifest that the same doth rather make against him than for him, no mention at all being made of the Royal issue, either Male or Female.  
Therefore the first fundamental reason in order is, 
Fol. 1.  the confirmation of Charles the Fourth, of the said privilege of Frederick the Second. Hereunto even now and already is answered, and to any one looking well into this information it may easily appear.  
First, That the same is called the Golden Bohemian Bull, in title only.  
Secondly, That it is no other thing then the confirmation of the privilege of Frederick the Second.  
Thirdly, Further, that nothing else was demanded from the Deputies of the States at that time, whose Names are prefixed in the said writing.  
Fourthly, The words of the said writing do testify the same.  
Fifltly, Therefore, that the clause of the succession of the royal issue, annexed by Charles the Fourth, to the advantage of himself and his children, was inserted to the great prejudice of the liberty of the Bohemians.  
Sixtly, Neither did the Bohemians ever allow the same. Also in later times (although there were many Emperors of the house of Austria) there appeareth yet no ratification of any Emperor: all which do argue the manifest invalidity of the said clause, and the imperfection of their pretence or claim. There is yet in the said confirmation this clause: In case or event, where the Male or Female not surviving, 
This clause is subject to a thousand expositions and ambiguities.  or by any other way shall happen to be vacant.  
By the force of this confirmation, and clause in other places alleged against the Bohemians, it seemeth easy to prove that these things make for the States, and that the vacancy of the Kingdom doth not simply and merely consist in the default of heirs Males or Female, but also in other defaults. But howsoever this be, daily practice (as is aforesaid) is altogether contrary to the strict restraint of this confirmation. And although the often repeated clause of the said Bull, together with the consequence of the Austrians drawn from thence, were of some moment; yet it is manifest that the Offspring descending from the house of Luxemburg by the elder sister Anne, the wife of William Duke of Saxon, the eldest daughter of the Emperor Albert, of the house of Austria, should rather come nearer the Crown of Bohemia, than those of the house of Austria at this day living. For the Austrians do descend from the younger sister, to wit, Elizabeth, the second daughter of Albertus the Emperor, and wife of Casimire, King of Polonia, the great grandfather of Anne wife to Ferdinand of Austria, the brother of Charles the fifth, Emperor. Now on the other side, let us see the offspring of the said William Duke of Saxon. Surely among them of the house of Brandenburg, of Denmark, of Mekelburgh, and others, are found so many, that even the most renowned Queen of Bohemia, Elizabeth, the daughter of Great Britain, may derive from thence her pedigree. Wherefore this argument, th● of the Austrians, without all exception the greatest (as they would have it) may easily be overthrown.  

Charles the Fourth, Emperor, King of Bohemia, the Author of the often repeated clause.  
Sigismond.  
Elizabeth, the wife of Albert of the house of Austria, Emperor, and King of Bohemia. 

Anne, the eldest daughter of Albert, wife of William Duke of Saxon.  
Margaret, the wife of john, Elector of Brandenburg.  
Anne, the wife of Frederick the First, King of Denmark.  
Christianus the Third, King of Denmark.  
Frederick the Second, King of Denmark.  
Anne, the wife of james, King of Great Britain. 

Charles Prince of Wales.  
Elizabeth Queen of Bohemia.     

Elizabeth, the younger daughter of Albert, the wife of Casimir, King of Polonia. 

Vladislaus,  
Elizabeth, after her name changed and called Anne, the wife of Ferdinand, of the house of Austria. 

Maximilian Empe.  
Rodulph. Mathias.   

Charles.  
Ferdinand now Emp.     

Sophia, the wife of Frederick marquis of Brandenburg.  
Marry, the wife of Frederick Simm●rensis: Elector Palatine.  
Lodowick the Fourth, Elector Palatine.  
Frederick the Fourth, Elector Palatine.  
Frederick the fifth, King of Bohemia, etc. Elector Palatine, etc.       
The clause hath thus: the Male or Female of the royal Linaege. But the most renowned King and Queen of Bohemia, Frederick and Elizabeth, are (as you see) of the royal lineage. Ergo.  
The second Argument of the Informer is, 
Fol. 1. The disposal of Vladislaus.  the disposal of Vladislaus; but this is both of less force than that, and in some sort doth seem to make for the States: where (to wit) he doth affirm King Lodowick of the mere free 〈◊〉 will of the States of Bohemia, to have been received King, which free will (surely) overthrowing Succession, doth again seem to establish ELECTION. And it was the true intent and meaning of this disposal, only to assure the States of the Education and Marriage of the Children of Vladislaus. Now whatsoever is there said concerning the Succession of Anne the King's Daughter, that is only spoken incidentally and by way of narration, not to prove any thing at all. Neither was it in the King's power in this case, by express Law to dispose; and although the said disposal were of some weight, yet it is to be understood not of all in infinitum, descending from the said Anne, but only of herself, and so the same for Ferdinand appeareth to be of no efficacy.  
As for the third Argument of the Informer, to wit, 
Fol. 1. The Reversals of Ferdinand changed.  the Reversals of Ferdinand, even now and before is answered, so as it is to be judged of no moment. For Ferdinand himself, Anno 1526. (not as then ignorant of his own pretences, nor needing to be informed thereof, nineteen years after to have understood of them,) doth clearly confess, and declare sufficiently both by his Ambassadors at that time sent, and Letters reversals: that thereby he doth renounce all those his pretences. Surely that those Reversals, either after the space of nineteen years, or for other adverse accidents, Anno 1545. and in the years following (whereof more in their due time and place) should suffer shipwreck and miscarry, there is no reason that can endure to hear of it. And in whatsoever manner and sense the Reversals of the year 1545. be taken, yet they do always make mention of the forepast ELECTION saying, Of their own free and mere good will they have elected and received us for their King and Lord, which forwardness of the States, and ELECTION and receiving of our Person for King, we will both prosecute and recompense with all clemency.  
And this is that which the States of right desire, Ferdinand the first also himself approved; but to Ferdinand the second, of whom now the question is, this is altogether displeasing. Wherefore the States do so often complain of the said Ferdinand the second, both that he offered violence to their Privileges and Liberties: as also that the alleged Confirmations, and Reversals, (sometimes approving Hereditary Succession, sometimes ELECTION of free and mere good will, with promise of gratuity) are altogether contradictory; and so the Kingdom's Hereditary, (as the Austrians contend to make Bohemia) to have nothing common with the Elective, rendering of thanks and other promises thereupon. And it remaineth more than manifest, Hereditary and Elective to be incompatible, and cannot agree together: and hereupon necessarily the most strong Arguments of the Austrians to be vain and of no effect.  
Hitherto we have answered the grounds of the Informer, 
The Constitutions of the Kingdom.  which he hath produced under the title A. 1. 2. 3. 4. Under the Letter B. he allegeth the Constitutions of the Kingdom, X. but here the Originals are to be sought out of the Records at Prague, and not of Vienna, from whence the Informer took the concordances. But the States of Bohemia do allege, apply, and expound their Constitutions, according to the fundamental Laws of the Kingdom; practise observations, and by their Privileges and confirmed Customs. And why should the Bohemia●s, who even to this day (as before at large is declared) have had and exercised always a free ELECTION, admit any restraint or limitation thereof.  
Under the Letter C. is alleged the Parliament of the Kingdom of the year 1547. inserted in the Tables of Kingdom, 
Fol. 1.  but in the Margin only; neither is there any Argument worthy of an Answer drawn from thence.  
Under the Letter D. are again cited the Constitutions of the Kingdom, 
Fol. 1. Fol. 2.  B. 3. B. 7. B. 8. but without any further deduction. In the end he doth allege the Oath of the Inhabitants of Prague, and Leutmeritz made in the time of john and Charles his Son; but that serveth only for that time, neither can be drawn to any further consequence: and the tenor of the said Oath doth seem to disagree with the intent of the Informer. For behold the express words of the Oath: The Heirs and Successors descending of the Line Masculine.  
Hence it appeareth that the vigour of that Oath was expired for default of the Line Masculine of Luxemburgh, 
Fol. 2: john of Luxemburgh, by what right he attained to the Crown of Bohemia.  and rather to make against the Austrians, whose pretence is grounded upon the Female.  
The Informer saith: That john of the House of Luxemburgh attained to the Kingdom, it was because he had to Wife the Daughter of the King of Bohemia.  
For confirmation hereof, the Informer allegeth Historians, when as it is altogether manifest that they meant another thing. For they say it was done by ELECTION, and the States of Bohemia to have offered the Kingdom to john the Son of Henry the Emperor, which though the Emperor rather desired for his Brother Walramus, then for his only Son, as yet of more tender age, notwithstanding upon the great instance of the Ambassadors (as they had in command) at length the said john married to Wife the Daughter of the King of Bohemia. And so was first elected, and afterwards by reason of this ELECTION married to the King's Daughter. See the words of Dubravius: In the Parliament at Numburge, there publicly in the Assembly with open voices they desired another more fit King; hereunto inclined the voices and suffrages of all, that john of Luxemburgh, the son of Henry the Emperor should be made choice of, for King to the Kingdom of Bohemia.  
And this history by Haiecius is more at large described, 
Henry of Carinthia, wherefore deprived of the Kingdom.  by reason of Henry of Carinthia, who married the eldest Daughter of Wenceslaus. The Informer, saying that he was dejected from the Throne of Bohemia, for rebellion against the Roman Empire, speaketh childishly: for not the pretended rebellion of the Informer, but his extortions and cruelties made him odious to the people. The words of Dubravius are these: That they might be delivered from the intolerable Government of Henry.  
Neither could the Wife and Daughter of Henry (had the Kingdom been Hereditary) for his fault have been deprived of their Right. Neither did the Daughter of Henry (although nobly married, or his Son ever pretend any right at all to this Kingdom. It is false therefore that the Kingdom fell to the younger Sister, by the elder Sister and her Husbands falling from their right, but by virtue of Election: and this Henry to have been ELECTED, and not to have obtained the Kingdom by right of Succession. Dubravius testifieth expressly in these words: The States assembled in a lawful Parliament, do strive with great contention for ELECTING of a King: some altogether despising a stranger-King, the rest distracted betwixt Rodolph the son of Albertus the Emperor, and Henry of Carinthia who was present.  
As for the Succession of the House of Luxemburgh, and of Albertus the Emperor, as also the ELECTION of the Duke of Bavaria, & those things that follow, is already answered: and the solemn and free ELECTION of Albertus sufficiently proved. Neither is it material that the Moravians did expostulate with the Bohemians (whereof notwithstanding the History maketh no mention,) for the said free ELECTION of Albertus: For to the deciding of our case this doth nothing at all appertain. The ELECTION of Podiebratius was not only lawful, but also confirmed by Frederick the Emperor himself, 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 Kingdom to come into thy hands: I ask of thee two things; one that thou govern the Provincials justly, etc. The other that those who have followed me out of Austria, and the other Provinces thou send them back safe into their Country 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, 
Fol. 4.  although he left Heirs Males, yet the Kingdom to have returned again of right to the ordinary Succession;  
Is nothing but a mere Cavil, and idleness: for these are the express words of Cromerus.  Podiebratius signified to Casimire, King of Polonia, that he would ordain one of his sons, 
Lib. 27. P. 393.  (with the consent of the States of Bohemia) for his Successor; his own sons neglected; not by any Hereditary right of a Kingdom (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 ordinary succession, which the Informer dreameth of? Is it to be 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 Hereditary Right of the Kingdom, which is none at all among a free Nation?  
Here for conclusion it is to be known, and noted well, that Lodowick King of Hungary and Polonia, 
Ad pag. 156.  had two Daughters; the elder whereof Marie, married Sigismond the Emperor, and King of Bohemia: the younger, jagellus Prince of Lituania. After the death of Lodowick, Sigismond was ELECTED King of Hungary, and jagellus of Polonia. And although afterwards, the Queens both of them died without any issue at all, yet the Kingdoms remained to both the Kings: the reason, because they were both of them not Hereditary (otherwise they had fall'n to the Queen's next Allies) but merely Elective. And although after that, the said Kings contracted other marriages nothing at all pertaining to the blood-royal of the aforesaid Lodowick, or his Daughters, yet the children by them begotten were ELECTED afterwards for Kings. You see here succession, nothing at all to have prevailed, but only the free ELECTION of the States. Surely in Kingdom's hereditary it is far otherwise. Philip the Second, King of Spain, being joined in marriage with Marie Queen of England, after her death was forced to quit all and be gone, and the Kingdom fell to Elizabeth the sister of Queen Marie: the reason, because it was hereditary, and not (as the aforesaid Kingdoms) ELECTIVE.  
Ferdinand of Arragon, and his wife Isabel heir of Castille, dying, & leaving behind them many daughters, the eldest daughter (the wife of Philip of Austria) was preferred before the rest in the succession of all those Kingdoms: The reason, because all those Kingdoms were hereditary, and not (as ours is) ELECTIVE.  
Robert, King of Naples, leaving behind him three Nieces, the eldest of them (the two younger excluded) was admitted into the possession of the whole kingdom: the reason, because that Kingdom is hereditary. And so this is to be observed in all Kingdoms where women succeed. You see here between the Kingdoms of Poland, Bohemia, and Hungary (which are ELECTIVE:) and the Kingdoms of England, Castille, Naples, etc. (which are hereditary, that also women succeed) very great differences of succession. For if our Kingdoms should have been translated to women, surely Sigismond and jagellus (their wives being dead) should have been forced to have left all and departed. Which not being done, it necessarily followeth the said Kingdoms to savour of no hereditary succession at all.  
Hitherto briefly the ELECTIONS successively following one another, with their principal circumstances, have been declared: to demonstrate the Bohemians not to be guilty at all of rebellion, disloyalty, and conspiracy as the prejudicate Informer urgeth. And if the Informer do truly accuse them of such crimes, why doth he not express their cases? which if he had done, without doubt the Bohemians would easily have confuted them. Also the Informer doth proceed to that audacity, as to deny those Kings (whom he nameth) to have 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 themselves, especially john, Albert, and Ferdinand in their letters (yea and that in the Latin Tongue, and Latin phrases written) do confess that they were ELECTED by the free ELECTION of the States.  
The Informer proceedeth. 
Fol. 6.   Neither an absolute nor conditional ELECTION doth belong to the States, but in case, etc. 
Answer. What further conditions therefore have the Bohemians prescribed to Rodolph of Austria, Podiebratius, and others (who obtained the Crown through no precedent consanguinity, but only by ELECTION) then to the rest which were either brothers or sons of the precedent Kings? And the Letters reversal, and the solemn oaths taken by all the Kings, what are they else but conditions, or covenants of great force, and conditional ELECTIONS? 
Fol. 6.   
But the Informer persisteth:  Although they did not observe them, yet ought they not to be deprived of the Kingdom. 
Answer. Surely the contrary, by the aforesaid examples, doth clearly appear, and what other consequence can there be implied in the reciprocal obligation of a King and his subjects?  
The Informer saith: 
Fol. 6.  Such penalty is not provided for by Covenant, Laws, nor Parliaments.  
Answer. 
Haiec. fol. 233.  The ancient observed customs of the kingdom of Bohemia are in stead of written Laws, yea among other constitutions, the States in the reign of Sobislaus expressly decreed: That if at any time the King of Bohemia should without reason make war against the Bohemians, than the States and people ought to be exempted, free, and absolved from all obedience and subjection.  
The Informer proceedeth: 
Fol. 6.  It is against equity, that any one should be both an accuser, a witness, and a judge at once.  
Answer. The examples of Henry of Carinthia, of john, in respect of his exchange of Bohemia, and of other Kings, do teach, that this is nothing at all against equity. For the States ever have been, and are yet, the Censors and Guardians of their privileges: yea also the later Emperors ordained them to be Defendors of their Edicts, and Liberties, and chiefly of Religion.  
To the examples of Wenceslaus, and Podiebratius, 
Fol. 6.  is already answered.  
The excuse upon the receiving of Mathias, 
Fol. 7.  made Anno 1608. and 1611. that it was in the midst of garboils and wars, without any exact order, and that it maketh nothing for a free ELECTION, is altogether ridiculous. For the order there, (as those solemn acts and reversals testify, where the States free and lawful right of ELECTION is confirmed) is most perfect. Yea if no other reason remained to the States, surly this so extraordinary, and so solemn sworn contract, by the joint consent of two Kings, of Rodulph being present, or rather precedent, and of his Successor Mathias, and of all the States of Bohemia, and the Provinces incorporate, (which seldom before hath been seen) might suffice for proving the free ELECTION of the Bohemians to be lawful. For the arms, and power of writing, were wholly in the hands of the two Brothers the Kings. Neither hath the Style which in writing they use, either one to another, or to the States, any such effect as the Informer pretendeth. Neither were themselves ignorant of the rights and privileges of their own Family or persons: Nor (to conclude) would their Counsellors, who then were present, (had there been any things of importance) have passed them over in silence.  
Those things which follow, concerning the Treaties, Confederacies, with the Austrians, the Golden Bull, investitures, and Imperial Diets, seeing they are of no weight, I do 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 Emperor, 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 Sceptre) doth require a special Treatise, which (God-willing) very shortly (under the title of An Answer to the Information against the Apologies and Writings of the States of Bohemia, the second Part) shall follow: I would have thee to know for a conclusion of this first Part, and for a Prooeme to that which is to follow: that no Regal Right at all to that Kingdom came to Ferdinand, by the said ELECTION, or by Admission and Coronation. For the same to be Elective, and not at all Hereditary, in this Part is sufficiently proved. I omit now to say that ELECTION not to have been lawful, because it was not free, but for the most part surreptitious, fraudulent, and against the Laws of the Kingdom: 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 voluntary manner therein.  
And first the nullity of that Admission, and Coronation, for that reason is manifest, because by supposition, that Kingdom is Elective; therefore no man can acquire any Regal Right therein, but by the ELECTION of those to whom it belongeth to elect, according to the Laws and Customs of that Kingdom. But Ferdinand was not elected, neither by ELECTION entered into the Kingdom (as his own Writings confess, by which it is manifest that he would not be elected, but only admitted by Hereditary Right, as the adopted Son of the last lawful King Mathias, or by some other right of Blood) therefore he was not elected. But Coronation in an Elective Kingdom doth presuppose a lawful ELECTION, which if it do not first precede, all such Coronation of Right is frivolous, and none at all. Neither can they call that Admission (in what manner soever it was) ELECTION, or reduce it to ELECTION, because they do expressly deny themselves to challenge that Kingdom by Right of ELECTION, and betake themselves only to Succession. When as therefore it shall be proved, that Kingdom to be Elective and not Successionarie, by this only proof, whatsoever shall be done without that which is properly called true and lawful ELECTION, falleth to the ground.  
Secondly be it, that the said ELECTION were free, voluntary, and lawful; it is plain that the same was conditional: to wit, that during the life of Mathias, Ferdinand should not intermeddle with the Government of the Kingdom, and should swear to the Pactions, and observe them: which Conditions do quite take away all force from ELECTION, if any thing be done against them. Because ELECTION is not absolute, but conditional: Now where the Conditions are wanting, there ELECTION is not ELECTION; for ELECTION ought to be voluntary; but a thing voluntary conditionate, is not voluntary, except the condition be 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 validity, or efficacy; because, (the King living and reigning) no other can in any wise be elected: Argument C. in Apibus 7. 9 etc. And the reasons are two, and both evident. The first, because the Electours have not power of Electing, but when the seat of the Kingdom is vacant: therefore he was elected of such as had no power then of Electing. They may design, 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 unto them. Bald. in C. licet de vitanda Electione. The other reason is because injury is done to the true Electors, which shall be lawful, and have a full power of Electing when the seat is vacant: whose power is usurped 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 injury be done to one only) to make the whole Act unjust, and therefore unlawful. Bald. ut supra, & jason in L. fin. C. de Pact. There may (perhaps) two at once reign together as if they were one, (as in times past they that were fellows in the Empire:) the King also living, may resign his Regal Right, to the end his Son, or some other may be elected; but in our case there is no such thing: because neither Mathias resigned his Regal Right, but manifestly retained it, neither did he assume Ferdinand as his companion. And that Election and Coronation was made with express reservation of all full Royal Power wholly and entirely in Marthias, and with an inhibition, that Ferdinand by no means should intrude himself into the Government of that Kingdom. These reasons likewise do constrained us utterly to deny that he is lawfully chosen King of the Romans, who is chosen King of the Romans, that is to say, future Emperor while the present Emperor liveth, and doth not resign the Right of the Kingdom of the Romans: that is to say, the Roman Empire: because the Electours then Electing, had not in act, and indeed, but only in habit, power of Electing, the seat being not yet vacant. And injury is done to the Electours, when the seat of the Empire is vacant, whose actual power was unlawfully usurped. Therefore might the Electors of the Empire come to a new Election, the Emperor being dead, the King of the Romans (who was wrongfully chosen,) excluded. The same reasons do altogether nullify all Reversions, & benefits in expectance, as also may easily be proved out of the Laws.  
Fourthly, 
See the Pactions concerning a perpetual Succession in the Kingdoms of Hungary and Bohemia, and the Provinces thereunto appertaining, for the further declaration of the truth; annexed to this Appendix.  (to conclude) that Election and Coronation of Ferdinand, although it were of validity, (which we have showed to be false) yet well might he be deprived thereof by the Kingdom; because now he consented to the oppression of the liberty of the Kingdom, vexing the Kingdom with Arms, and endeavouring of Elective to make it Successionarie; and to translate the same Kingdom after him to others; and notwithstanding as yet not actually possessed of the Kingdom, nor having received power from God: by men therefore he might upon just cause be deprived of that right which he had, not in the thing, but to the thing only. For a King is Elected for the preservation of the Kingdom, and not for the destruction. And a Kingdom may defend her own proper liberty lawfully against any whosoever; yea against her own King: especially such a one who hath been only designed, and thereby become an Enemy of the Kingdom, & an unjust oppressor of the liberty thereof.  
The same reasons also prove that the Hungarians might justly come to another Election (Ferdinand excluded,) it being supposed likewise, that Kingdom also to be Elective as they prove. For there was no Election of Ferdinand, but an Admission, and if it were an Election, (the lawful King as yet living and reigning) yet was it void: Neither is it material that the Hungarians held as ratified their Election of the person of Ferdinand after the death of Mathias, (which yet the Bohemians have not done) because that ratification, whether it were tacit & virtual, yea, or also expressed, is of no effect: For that which is nothing cannot be accounted ratified. SYLV. consensus q. ult. unless the Electors knew their Election to be of no validity at all, and knowing it do not ratify the same but make a new Election. And if they think it was of validity, when it was not, and do ratify it, not making a new Election, this ratification is of no force. Caiet. secund. secunda. G. 189. Art. 8. etc.   

THE INSTRUMENTS of the Pactions or Conditions concerning a Perpetual Succession in the Kingdoms of Hungary and Bohemia, and the Provinces thereunto belonging.  

THE INSTRUMENTS OF THE 6. and 15. of the Month of june, Anno 1617. made at Prague.  
PHILIP the III. King of Spain, renouncing his right, and ratifying the resignation of his Mother ANNE, daughter to MAXIMILIAN the second Emperor: As also for this resignation covenanting as well for a compensation or recompense to be made to himself, as for a Restitution to his Heirs whensoever the Heirs Male lawfully begotten shall fail in the right Line of FERDINAND Archduke of Austria.  
FERDINAND Archduke of Austria accepting, approving and ratifying them, and (in case of default of Heirs Male in the right Line lawfully descended from him,) promising restitution.  
MATHIAS the II. Emperor of Rome, not only procuring these Pactions by his Intercession; but also by his Imperial and Royal Authority confirming them.   
For the weal and safety of the Catholic Religion, and Majesty of the House of Austria.  
MDCXX.