Bohemiae Regnum Electiwm. THAT IS, A PLAIN AND TRUE RELATION OF the proceeding of the STATES of BOHEMIA, from the first foundation of that Province, by Free Election of Princes and Kings unto FERDINAND the eighteenth King of the house of Austria. WHEREIN IS EVIDENTLY MANIfested, that the first Princes were Elected, and no true and simple Hereditary Succession esta established, nor practised in all that time, containing about 900. years; Taken out of unpartial and Classicque Authors. ESDRAS 1.4.37.38. All other things perish in their unrighteousness: But Truth, it endureth, and is always strong, it liveth and conquereth for evermore. MDCXX. A PLAIN AND TRUE RELATION OF the proceeding of the States of BOHEMIA. THE Triumph that I heard sung aloud of the strength and solidness of argument, in a little Information sent abroad almost in the dark, to beguile the friends thereof; Maintaining the Kingdom of Bohemia to be successive, and by consequence rightly descended to the house of Austria, at first, so fare prejudiced me, as to think so much confidence and boldness was supported with great probability of truth: And I confess that little pile, as it stands compacted and involved, hath in itself a fair show, until it be taken in pieces, and searched at the Corner Stones. Desire of mine own satisfaction, first made me curious to look into the best Records of Story of that Country, I found the Authors such, as without exception, for their quality, judgement, and means to know the truth, no dispaffionate man could refuse. They do relate barely what was done and practised, without forthinking to decide a question, which in their times could not be foreseen, and was the least part of their design; and therefore, their witness, as un-concerned therein, is of more authority. When I had informed myself, I learned of Saint Paul, to settle my Brethren, who for want of my leisure, could not intent such a perplexed search; and might, for zeal and love of truth, be miscarried with that which was first propounded to them for truth. I do not intent to answer the Informator from point to point; but to warn you, that he hath taken advantages, and forcibly drawn into his purpose, fragments and pieces, the whole whereof would be too heavy for his foundation: and as his stuff is, so are his uses and applications wrested & made crooked, not one grown Timber among them. I have therefore undertaken, in a plain Narration, to show the first Election of the Princes of Bohemia, & the continuance and practice of Free Election unto Ferdinand of Austria: 34. from Bre●t●l. ●2. That not one in all that series of so many Princes and Kings did succeed in right of Inheritance simply; nor did dare so to claim an admittance to that Sceptre. In which discourse I desire you to consider, not so much the efficacy of every proof of Election singly (which notwithstanding is an irrefragable evidence) as the whole file, and thread, purpose and practice of the States and free people of that Kingdom: for power and affection may sometimes obscure and slacken the stiffness; but yet in every age and change, more or less, the right hath broken forth and stood for itself. I have not thought it fit to trouble you with latter times, in which the house of Austria hath been preferred, and have claimed a succession of right, from a succession of Love, and so have lost their best title. It is evident in all Elective kingdoms, that the Son of the Father hath been chosen; for he was already set upon the stage, and was borne Candidatus: So was it often practised in the Empire, without prejudice to the right of Election, in any family, when there was just cause to change. As Galba noted of Augustus, I'll in Domo successorem quae sivit, ego in Republica. Tac. hist. lib. 1. But if that Elective succession be pretended; and an answer here expected I say, it is out of my purpose, who wade only in the History of former ages, and it is more proper for them to satisfy, who can search the Archives and Records of their own Acts: but for a general answer, we propound, that we dare join issue even in these, and be judged by the Registers of the public assemblies upon every Election, and by the Defesall and reversal letters given by those Princes of Austria, their own Acts, acknowledging the free Election and good will of the States of Bohemia, sine ulla alia obligatione. To lay our own foundation sure and conspicuous, I first present this definition of a Kingdom successive; That the Crown, and all the Rights of Regality, do de jure descend unto the next Prince or Princess of the blood Royal in right Line; And that it is as great an Interruption of succession that a younger House be preferred, as that a Stranger; and that the States and people have no right to put by or refuse the next in blood upon any pretence: and these rules establish and limit a Kingdom successive. But that this Canon hath never taken place, nor been practised by the Bohemians, I show in these five Conclusions. 1. That the first Princes of Bohemia were Elected, and the form of their Election recorded. 2. That the practice of Election hath continued so, that the Younger Brethren have been preferred before the Elder, the Uncle before the Nephew, son to the elder brother: the Cousin of the younger House, before Cousin of the elder: the Husband of the younger sister, before the Husband of the elder. 3. Mere strangers before daughters and sisters of the last Kings, and before any of the Blood. 4. The power and practice of deposition or rejection in case of misgovernment, or want of due Form in Election. 5. That almost all the Kings that have immediately succeeded their Fathers, have been Elected and Crowned during the Father's life, or chosen Marquesses of Moravia (a step to the Crown) by the authority of the Father in possession, or for his merit and memory dead: so that no such succession hath been pure de jure, but aided and grounded upon other rights then of succession. All which examples and Rules do diametrally oppugn and overthrew the pretence of Hereditary Succession, and consequently prove (for there) is not one Prince without the reach of one of these Rules) Bohemiae Regnum esse Electinum. Crocus after Zechius, who settled his Colonies in Bohemia, was made there judge by the people for his virtue; Geor Barthold. Boo pia pag. 11. Crocus vir justus, & magnae apud Bohemos, tunc temporis opinionis & authoritatis, princeps dilectus est: vir hic fuit judiciorum in deliberatione discretus, Cosm. Prag. Chron. pag. 4. ad quem, tam de proprijs tribubus, quam ex totius provinciae plebtbus, velut apes ad alueria, ita omnes ad dirimenda convolabant judicia. Crocus had three daughters, Kari eldest, Tethka second, Lubossa third and youngest. Cosm. Prag. pag. 4.5 6. This last for her wise doom was by the people chosen a Princess, or judge; There fell out a controversy between two Bohemians about the limits of their ground, which Lubossa ended by sentence; The party displeased and condemned, being enraged, renounced the judgement, disdaining it from that sex; and thereby took occasion to demand a man to govern. Lubossa was unwilling to let go the Reynes, and first threatens what and how violent the dominion of man would prove, Geor Birtbold. pag. 11. after dissuades by force of many arguments; Ad haec vulgus confuso exult at clamore, omnes uno ore Ducem sibi poscunt dari, which when she could not avoid, she cunningly propounds a free Election, by letting lose an horse that should stay before a man eating at an Iron table, which was agreed unto; and then she says, Ite demum, ut quem vos cras eligatis in Dominum, ego assumam mihi in maritum. This horse stood still before Primislaus, who was eating his dinner upon his plough share, and so he is chosen; The first form of Election. Cosm. Prag. p. 6. and the form of Election recorded to be by salutation of all the people; they all all cry out, Domina nostra Lubosso, & plebs universa mandant ut cito venias etc. te Ducem te judicem, te Rectorem, te Protectorem te solum nobis in Dominum eligimus; Here are three Elections in the first foundation, and one Rejection of Lubossa confirmed, and the form recorded. To wade deeper into the first times, is unnessary; only one observation of Cosma Pragensis, Pag. 20. & Dubrau li. 7. pag. 54. an. 1002. that Vlricus the eighteenth Prince, who had no issue by lawful marriage, saw by chance at a Well a handsome maid washing, named Bo●●na, upon whom he cast affection, and begat a son called Breceslaus: Vlricus had put out his brother I●ron●irs eyes, yet he took his Nephew, before whom he was in right of blood, and presented him adsedem principalem, & situt semper in electione ducis faciunt, etc. which proves he was Elected, and the continuation of Election declared in those words, sicut semper in Electione. To proceed to times better known, and to an estate better settled, and to look downward from Brecislaus the 22th Prince, or as Cosma Prag: the ninteenth of Bohemia, we shall find no succession from Father to Son, nor from Brother to Brother regular, but the fittest to govern, or the best beloved, ever chosen by the Bohemians. Brecislaus had five sons, Spitigneus 1: Vratislaus 2: Conradus 3: Otho 4: jaromirus 5. Spitigneus the eldest succeeded, but by Election upon recommendation of his Father. Cosm. Prag. pag. 30. an. 1055 Post Brecislai obitum filium eius primogenitum, nomine Spignen, omnes Bohemiae gentes, magni & parui, communi Consilio, & voluntate pari elegunt sibi in Ducem, cantantes kyrieleizon. After his death, Vratislaus his brother was chosen, pag. 33. omnibus Boemis faventibus: He had also six sons; Breceslaus 1: Boleslaus 2: Borivorius 3: Vladislaus 4: Sobieslaus 5: Henricus Bishop of Olmunts 6: All these should have succeeded the Father in rule of succession, but Conradus the Uncle was chosen Duke; He had two sons, Vdalricus, or as Cosma Prag: calls him, Oalricus and Leopoldus, or Lutoldus: Now, in true succession, one of these must succeed the Father Conrade: but now the Bohemians return to Brecislaus their Cousin German, and eldest son to Vratislaus; and yet they return not to him as in right, Dubran. p. 78. Nam diu ambigebant ordines, num Brecislaum ab exilio adregnum paternum revecarent, an domi aliquem ex fratribus eius qui regnaret: After the death of Brecislaus. they again skip his three sons, Vladislaus, Henricus, and Theobaldus, who should succeed, and also the next elder brother, and Boriverius the younger is chosen: Now Vdalricus, Cosm. Prag. pag. 54.55. or Oalritus the first son of Conrade, thinks himself wronged to be twice neglected in the Election; and complains to the Emperor at Ratisbon, solicits him, by prayers, by friends, by money, to help him to the kingdom possessed by his Cousin Borinoy. Dubran. pag. 84: Ibid. The Emperor takes his money, and lends him some succours, Sed hac conditione, ut liberum sit Bohemis, aut Vdalricu, at Borivorium, habere Principem; utrum videlicet borum magis idoneum habilemque approbaverint: But when it came to a declaration, to what end he would use these aids, to claim the kingdom by right, he dares not, but enterprets himself, Dat sibi Dncatus insignia & vexillum, (which were due to him by blood, had he been the youngest of the family) Said in Ducem elegendi obtentum ponit in arbitrio Bo●horum: But the Bohemians refuse his claim made by his Ambassadors, and adhere to their first Election of Borivoy, and defeat Oalricus and all his pretences in battle. Borivoy had a son called jaromirus, who should have succeeded, had that right taken place: but Suatopulcus gets in by favour, and by the relapse of the people deposeth Borivoy: This man was Cousin German to Borivoy, of a younger house, the son of Oath, the fourth son of Brecislaus the two and twentieth. This Suatopulcus was not long after rejected, & Borinoy again receined: And he again the second time deposed and thrust out, and Suatopulcus restored; & so continued Prince to his death. He had a son called Henry, baptised by the Emperor, Cosm. Prag. pag. 57 and brought up by him; yet he being slain in the Camp, Othoniger his brother was Elected Prince. The Emperor coming to see and lament the dead body of Suatopulcus, and to appease the people, who it seems feared lest he would obtrude upon them a Successor against their will, Pag. 60. adstantibus immensis Boemis concessit, ut quemcunque voluissent, suorum ex filijs principum sibi in Ducem cligerent. There was the Son of Suatopulcus alive, (for any thing appears) many of the grandchildren of Vratislaus the first King, and four and twentieth Prince, before Otho in the right of Succession, yet Weseck of Moravia intercedes that he may be chosen Duke; him also Henry the Emperor favours, before the son and his own Godson, and the people being most Moravians approve the Election, and presently in the Camp admit him for their Prince, crying Kyrieleyzon, and in four days brought him to prague, Dubrau. pag. 90. at which Dubravius says, the Bohemians took offence. Questi s●nt de electione in Castris factâ, contra Maiorum Instituta, moremque veterem: And Cosma Pragensis says, he was refused as he was, ● Quod quia sine consensu Boemorum & Episcopi, efficere conabantur, frustratur eorum temeritus, & Sacramenta olim exhibita in medio consilio recitantur: And Vladislaus the brother of Borevoy was Elected, ut Iura Principatus, jure adoptata, Cosm. Prag. pag. 60. (that is by lawful Election) omnibus ascentientibus obtineret. This Vladislaus was younger brother to Borevoy long since deposed, and now he complains; and Otho the brother of Suatopulcos' renews a pretence: First, Borevoy treats by his Ambassadors, to persuade his younger Brother to resign; Responsom huic a Vladislao huiusmodi retulit, non esse rem privatam quam Borivorius peteret, Dubrau. p. 91. sed ad universi populi suffragium illam pertinere; proin haud ab uno fratre, sed ab omnibus ordinibus principatum esse ambiendum: The Bohemians adhere truly to their own Election, overthrew Otho in Battle, Cosm. Prag. pag. 62. and after Vladislaus by the Emperor's delivery gets Borevoy into his power, and all his friends: He dies, and Sobieslaus his youngest brother is chosen. Otho niger again pretends, quia aetate prior esset, but is rejected. Sobieslaus had four sons, Vladislaus the first, Dubrau. p. 9●. Sobieslaus the second, Vdalricus the third, Wenceslaus the fourth. These should have succeeded the Father if succession had prevailed, but Vladislaus his Nephew, the son of his Brother Vladislaus (even by the favour of Sobieslaus his Uncle against his own Children, and by the Emperor's help) was designed Prince of Bohemia, and by the Emperor crowned the second King: But the Bohemians, because he was younger in years than Conrade his Cousin German the son of Leopold, son of Otho. And because his Election was not formal, Dubrau. p. 100L. ac Caesaris potius quam Boemorum Principem quando non in Bohemia said in curia Caesaris Princeps sit creatus, Throno deijciunt, & in locum eius Conradum substituunt: But the Emperor Frederick favouring Vladislaus, restored him by force, and his son Frederick succeeded, but was after also expulsed, and Vdalricus the third son of Sobieslaus the 30th Prince chosen, his elder brethren being neglected; He was Cousin German half removed from Frederick; He dying, his next elder brother Sobieslaus succeeded, and now Frederick had again gotten possession, & was again expulsed: After which Conradus the son of Leopold forenamed, was a new declared Prince of Bohemia, suffragijs primorum or dinum: Dubrau. P. 126. Frederick was again restored, and Conrade expulsed, and then Frederick dying, though he had four brethren alive, Albert, Suatopulk, Premislans, and Vladislaus, which should all have taken place in true succession. Conradus was in his absence declared Prince ab ordinibus Bohemia; Dubrau. p. 130. After his death, Venceslans the son of Otho niger, younger brother to Suatopulcus his Cousin, but preferred before many nearer the Succession, was Elected Prince. Him Primislaus expulsed, but fearing his return, he quitted prague; And Wenceslaus in his return died, leaving a Son called Spitigneus vacante principali sede, Henricus (the second Son of Brecislaus the six and twentieth Bishop of prague) diem comitiorum habendorum Praga indicit, Dubrau. P. 132. candida tumque in illo principatus pro spitigenio pupillo agit: Boemi parumper deliberantes, ipsum Henricum unanimi assensu, magnaque voce, Principem Boemiae pronuntiant: Hear also was a succession interrupted by the free Election, not only Spitigneus the son of the last Wenceslaus rejected because a child, but Henry preferred before all the Sons of Vladislaus the second King of Bohemia: Henry not long after falls sick, and assembles all the Nobility, declaring unto them his desire to resign the Principality of Bohemia, Dubr. u p. 134. Datque ill is potestatem eligendi Principis quemcunque voluerint: but the Bohemians hoping on his recovery would not proceed to a new Election, and so he remained Prince to his death. Being dead, de successione in comitijs ab ordinibus variatum; Dubrau. p. 135. at last they Elected Vladislaus, younger brother to Primislaus, once before in possession, and fift son of Vladislaus the second King: two elder Brethren at least alive: He resigned in five months to Primislaus his brother, who was Elected Prince, Dubr. Genealog. Page 139. being of the second venture, by the landgrave's daughter, and his elder brethren and their children, for any thing appears, being refused: And this Pri●●slaus was crowned the third King of Bohemia, by the Emperor Philip at Mentz, de omnium quae aderant sententia, Anno 1199. Thus it is evident from Bretislaus the 22. to this Primislaus Ottocarus the thirtieth, in which are seventeen changes, no kind of succession hath taken place, but that the younger brother that been preferred before the elder, the uncle before the Nephew, the younger house before the elder, and many Princes deposed for misgovernment, or want of form in true election. After Primislaus, four Kings are pretended to succeed to Wenceslaus the seaventh King: But Primislaus causeth his son Wenceslaus to be crowned in his life-time, and Dubravius notes it, pag. 139. that he was careful of his own house, Exin rebus suis domi intentas, Venceslaum silium, etiamsi puerum, regem coronat, which he needed not have done, had he Ius successionis, and was easy for him to do, being in possession. When he died, his friends concealed it, and his son Ottocarus entered with an army, and so was admitted. Idem 157. Propter frequentiam comitatus, qui eum ex Austria Styria, Moravia comitabantur; ita plerisque metuendus quia armatus vener at; He was marquis of Moravia, established in his Father's life time, and because he was not then admitted to the Crown by Election, it seems he entered armed, which he needed not do to his Inheritance: He was slain in the battle of Lava, and his son Venceslaus, a Child was admitted in his Infancy in honour of the Father, ex consensu omnium Ordinum, Idem 16●. cura fovendi illius ad Marchionem Brandeburgum: The marquis abuseth the trust, and carries him away: At 15. years of age, he is restored to the Bohemians for a sum of money, not till now, was he chosen King, which I infer out of Dubranius: Idem 169. Inter catera ab omnibus acclamantum est, Aduenisti tandem desiderabilis, quem tam diu ex pectabamus, Ottogari ô inclytaproles, (which insinuates the love of the father) nihil videlicet tum Otthogari nomine clarius, nihil ad conciliandum omnium ordinem favorem efficacius: which implies the Election by the States, although the reason be rendered why they chose him, for love of the father, yet still their favour was the formal part of his admission. Wenceslaus the 7. The stories mention not the manner his Admission. King succeeded the Father, & in him ended the ancient Race of their Princes; in all these, no succession of right established. He had 3. sisters, judith eldest, Anne & Elizabeth; the first married to Rupertus of Nassau the Emperor's son; the second to Henry of Carinthia, the third yet a maid. Dubrau p. 179. The States assemble in the Bishop of Prages house, ad ius comitiorum: summaque contentione de Rege eligendo certant, alijs perigrinun regem penitus aspernantibus, alijs inter Rodulphum Caesaris Alberti filium, & Henricum ex Carinthia qui praesens aderat, variantibus: as yet no mention make of any right in the daughters: Tobias Bechinus, who favoured the strangers, sons of Albert to cross the adverse party who would not accept them, saith, Quando non alium Regem quam Boemum creare libet, Regiaque progenies in Boemia planê deficiat reuert amur ad Pagum stadium, unde Primislaus ex rustico, priamus in Boemia factus est Princeps atque indidem, nos quoque Regem nobis adciscamus: Yet that was not his desire, but only to divert the Election, which utterly overthrows the pretended Contract with the house of Austria; for he being of that party, should have pleaded it, if he had known it, or had thought it of force, & not have returned to an original Election, which fully annihilated the Contract, but it seems Tobias knew nothing of it: And so he also rejects the sisters, for that was his end, esteeming them no heirs, though they were ex progeniê Regia, & concluded they might lawfully elect a stranger in blood. This motion was rejected, not that they might elect a stranger, but because the other side understood his craft, that he would obtrude a German, hateful to the Bohemians: and so he was commanded without further Prefaces, to nominate one in a fair Election: He as chamberlain of Boheme, prefers first Rodolph, and then his brother Frederick, sons of Albert, Quo audito, Crussina Lychtemburgus, Quousque tandem, inquit, nobis ingeres tuos Germanos Regum nostrorum parricidas, nec plura locutus, stringit gladium, & Thobiam transfodit: The next day, the two sisters, Anna married to Carinthia, Elizabeth a maid come into the Court, not as heirs, or ant ve sui haberi rationem, ne velut alienae a Regno praetereantur. And Henry the Husband of Anne was chosen King, but he could not hold it; for the Emperor stood for his Son, not by a Contract, but as prevailing in Election, and upon that only grounds his Title to place him by force, Caefare alacriter, instant, ne filius s●ns, qui priores parts in suffragijs tulerat, posteriores in Regno acquirendo ferret. He enters Bohemia with an Army, Henry of Carinthia, and his wife give way, and so he fortifies the election of Rodolph, and Crowns him, a mere stranger in blood or other title, but the Election pretended. Rodolph dies, Dubravius reekons Fredoricke as elected, other do not. and Henry of Carinthia returns with his Wife; In which interim, the Emperor endeavours the Election of Frederick his second son, but is slain before he could effect it, and then these were received with great joy; After three or four years the Bohemians grew weary of Henry's government, and sent Ambassadors to Henry of Luxenburgh then Emperor, to send his son john to marry Elizabeth the younger sister to Anne, and Wenceslaus the seventh, and that they would elect him King. The Emperor accepts it, and married john at Spire: The Bohemians deposed Henry for ill government, as Bartoldus notes, Geor Barthold. pag. 24. Hunc Boemi sibi Regem deligunt, sed quia male administravit, miserune ad Caesarem, Henricum sextum, Legatos suos: So was john of Luxenburgh Elected, a stranger also in blood; for he could pretend no right by his wife in Succession, Anne the elder sister living. Concerning the contract made between Boheme and Austria, the elder stories speak nothing of it. Albert of Austria declared not the pretence, Dubrau. p. 180. but strengthens the Election of his own sons by making a faction by marriage of Elizabeth the widow of Venceslaus. And Hieronimo Canini in his history of the Election of the Roman Kings, Hieron. Canini. pag. 211. cities, that such an accord was made, That for want of heirs in either House, the other should succeed; but withal notes, Encore que le Royaume soyt a l'Election des Barons, & des seigneurs du pays: which being clearly confessed, an accord made between them for their own advantage, to the prejudice of the freedom of Bohemia could not be available, nor was ever confirmed by practice in succession. john of Luxenburgh is chosen, and is a great Prince, he gins indeed to seek to establish the Kingdom in his Line, and in his life-time practiseth to exchange it with Lewis Duke of Bavare, which it is like he affected, to leave them to the fortune of Election, which is a taeite confession of the right in the States to Elect: when it was revealed to the Bohemians, they took it in so ill part, that he should by a secret practice infringe their liberty, or seem to have right, to obtrude a King upon them at his choice, that they almost revolted against him, and would not be reconciled, until a copy of the treaty was showed, that he did nothing, but with reservation of the consent of the States to confirm it. The words of Dubrauiu● are considerable. Dubrau. p. 193. Sed longè omnium maximum odium sibi ab omnibus or dinibus conflavit, inchoatâ cum Lodovico permutation, qua regnum pro Bavariae principatu commutare voluit, At Boemi in deteriorem partem interpretati font, quasi illos Rex vendere Germanis, & prodcre cuperet: Ergo omnes in unum conspirant, ut pereant potius quam non perdant illos, qui ad exitium Patriae corum immineant: At que haec turba maior visa, quam ut pacart vel ipso rege praesente potuerit, & nisi pacata esset, spes de retinendo ei regno decollabat: So that this fear of john, confesseth a forfeiture, and a power to depose him, and then he procures the Emperor to come in person to the Confines of Bohemia, where at the town of Luticium the Emperor thus excuses the King. Illic in maxima Bohemorum frequentia, Regem illorum de tam gravi suspitione, qualem de illo haberent, testimonio suo expurgat; pactionemque illis, quam cum Rege inire caeperat, scriptum ostendit, in qua diserte aperteque appositum erat, ita illam ratam & firmam fore si communi Bohemorum assensu confirmata fuerit. So jealous were they then of their right, that nothing could appease them, but the sight of his own agnition of the validity of their consent in transferring the kingdom: john caused his son Charles, Dubrau. P. 201. to be admitted marquis of Moravia in his life time, an half election, as in the Empire the King of Romans, and a step to the kingdom; And indeed he was so favoured of the Bohemians for his valour, wit, and skill in tongues, that his admittance was easily procured; yea he was so favoured of the Bohemians, Idem 202. that his Father suspected and feared him: Soon after he was chosen King of the Romans at Bon, and now it was not easy for the Bohemians to refuse him if they would, for he prevailed in universal love: Charles in his life laboured all he could to settle the Kingdom in his issue, and to that end in confirming the privileges of Frederick the Emperor, inserts a Clause of exposition to his own advantage, which cannot extend beyond the Text: But 8. years after, establishing the succession of all the Electors, he expects expressly the Kingdom of Bohemia, and the free Election of the States, Onuphirus Aure. Bulla. p. 431. not when the heirs royal should fail (as they pretend) but when the Crown shall be vacant, quemcunque voluerunt, as is notorious in Bulla aurea; His son Venceslaus was admitted, but he governed ill, and left the kingdom in trouble by the Hussites and Zisca. After 12 years, Sigismond his brother enters by force, Dubrau. p. 243. the kingdom weakened and torn in pieces by civil dissension, & takes the Crown: and having only one daughter Elizabeth married to Albert of Austria, Geor Barthold. pag. 29. AEn. Syl. p. 54 Sigismond on his death-bed convocates the States, taketh care for the election, & presents Albert his son in Law: Albertum Austriae Ducem generum suum esse & virtute praestantem, & gener is nobilitate sublimem cum se non minus amare quam filium, successorem itaque suum nominare, rogare supremam voluntatem suam exequantur: beatum id regnum fore, ubi Albertus imperaver it, Here are reasons of convenience, of Nobility, of Virtue, and he nominates a Successor to their choice, which he could not do, nor they refuse, if Elizabeth his daughter should succeed in right; and so Albert is chosen, a stranger in blood. Dubrau. p. 266. Albert hath 3. children, Ladislaus Pastunus was admitted King, but he was a Child, and therefore the States offered the Kingdom to Albert of Bavaria, he refuseth it upon Conditions of Religion, That he would not be bound to admit the Chalice in the Sacrament, which was required, not considering at all the right of Ladislaus: Ibid. Then they offer it to Frederick the Emperor as Tutor; but among the Ambassadors, Ptasco, no friend to Albertus' father of Ladislaus, persuades the Emperor to make himself King of Bohemia, as the first of the house of Austria: but he refuseth both the one's Counsel, and the general offer of Tutorship, and recommits it wholly to the Bohemians, as having best understanding and interest in their own affairs. In this Interraigne, Podiebradius consults of calling home Ladislaus, now in the hands of Frederick, for it seems either he bred him, Dubrau. p. 271: or was retired to him: and after deliberation, concludes to receive him upon conditions; and at his entrance they give him the oath, Ibid. 272. Quo praestito capita deinde libertatum ab omnibus ordinibus missa exhibet, etc. He dies without Issue, and leaves two sisters, Anne the Eldest, married to William Duke of Saxe, Elizabeth to Cassimer King of Poland. Ladislaus finding himself strooken with Death, calls Podiebradius, and foreseeing in the affections of the Bohemians who should be Elected, Georg. Bartold, pag. 30. never thinks of his sisters as in any right, nor once mentions them, but mihi moriendum est, Regnum in tua manuerit, Duo te peto, uti provinciales iuste regas etc. alterum, ut qui me secuti sunt ex Austria, caeterisque provincijs in Patriam suam inviolatos remittas. Podiebradius modestly seems to decline it, excuseth and hopes the King shall recover, never, for a Compliment, once mentions any heir, sister, or kindred of the King, which he could not in manners do, nor with safety omit, if they had had right, and the King who should maintain their Interest yet alive: But Ladislaus sets his eyes only upon Podiebrad, Promitte quod cupio, nam me mori certum est: Ladislaus eyes, and Podibradius being Governor, calls the Assembly for Election: The French King stands a mere stranger in blood, and his Ambassadors come to Prage; but because they were unwilling to admit a stranger, they resolved to finish the Election, before the French had audience. The manner of the Election is recorded by Dubravius, especially; Locus eligendo Regi in domo Praetoria veteris urbis constitutus, where, after first solemnly going to the Church, Rokickzanus makes an Oration to persuade them not to look upon any Stranger nor German: Among themselves, he first propounds the Governor Podiebradius, whose Arms had defended their Liberties; or if they disliked him, and thought no Bohemian eminent enough, nor worthy of so high advancement, he counsels a new way of government, utterly to relinquish a Monarchy: Aut hunc Regem esse nominandum aut si nemo inter Boemos tanto fastigio dignus censeatur, Haebreo more duodecim judicis assumendos, qui Populum Boemum aequo jure gubernarent. Hinc in Praetorium itum, & tam foris, quam intus prius acclamantum quam decretum, VIVAT REX GEORGIUS: Here is a solemn Election, on, and therein a proposition to change the governemen into Aristocracy, and lastly a stranger in blood to the Crown of Bohemia Elected, the daughters and sisters of the two last Kings not once in question: And George held the Crown of Bohemia to his death, and this Election and Coronation of George was confirmed by Calixtus the Pope, which no Aussrian dare say he would have done in injury of the true heir or their House. George Podiebrad had three sons, Idem 281. two lived at his death, yet in his last meditations he durst not once cast his eyes upon any of them; His words are, Idem 289. Nollem autem, quantum in me situm est, libenter committere (which implies he had no interest in designing an heir, but by way of Counsel) ut post obitum meum, ipsum Regnum in aliquod diserimen adduceretur propter dubium regni successorem, proin scire aveo, quidn● in hac causa agere, quemuè Regem vobis legare destinaneritis; Respondentibus nullam ipso Rege superstite successoris faciendam esse mentionem (perhaps to prevent the prejudice, jealous to preserve their right entire) instabat avidus, donec ab ill it extorqueret, non adme dum sibi gratam sententiam, qua se dicerent sentire, apud Polonos Regem esse quaerendum, cum quibus & linguae & moribus non multùm dissentirent. They express their reasons for likeness of manners, and language, without any mentioning a right by the second daughter of Albert, which they could not do without injury to Anne the Elder sister married to Saxe. Podebradius with this answer was dismayed, for though he durst not express it, he had strong hopes and designs for his own sons; but knowing the right of free Election, and having discovered their affections; in the little pause he had of life, never sought to alter the Inclination of the Bohemians, but provided only to leave his sons rich, and possessing them with the movables of the Kingdom, commanded them to retire to the Castle of Podiebrad. A solemn Parliament is held for the Election, Mathias King of Hungary stands, and is ready to threaten with an Army, and hath a party in Bohemia, therefore they remove the Session, ad montes Cuthenses, data omnibus fide publica, ut quisque ad illa libere veniret & rediret, summaque cum libertate suffragia perageret. Three great men in Bohemia declare for Mathias, Dubrau. P. 290. contentissimâ suffragatione, sed maior numerus Vladislaum Cassimiri Poloniae Regis filium, etiamnum adolescentem nullarumque partium factionibus per aetatem infectum, Regem possebant, numeroque praenaluerunt: Mathias stirs, enters with an Army, and molesteth Frederick the Emperor in Austria and Styria, and partly thereby, partly by promise of money, procures an Investiture, Although he had formerly granted it to Vladislaus the son of Cassimere of Poland, yet the Bohemians maintain their Election, and repulse Mathias, here is no reason of blood, but fitness, in respect of partiality, mentioned in the Election: And if reason of blood could then have been urged, Anne, or William of Saxe, or their Issue must have preceded, and by Consequence, now the Elector of Brandeburgh. Lodovicus his son succeeded, but was admitted and Crowned at three years of age, by his Father's means, and then living, Nulla mora interposita ad Regnum Bohemiae Lodovicum inaugurandum curavit. Dubrau. p. 302. Lodovicus is drowned in the Danuby in the Rout given by the Turks, and leaves his only sister Anne married to Ferdinand, son of Maximilian the Emperor, who, as Dubravius says, could not be prevented by slight, Ibid. nor wit, nor Arms, Dextra prorsus manus & tenaci excepit gubernacula regni. In all these times there is no Succession established, but free Election, or another reason of Succession then right. Princes chosen of the younger line, rejecting the Elder, and the right line, and some few seizures by force, Princes deposed for misgovernment, and for want of due form in the Election: Strangers in blood Elected, and all pretended succession, advanced by the Father living, or for his sake dead; and this concludes no succession, because present greatness hath gotten an advantage, Primus dominandi spes in arduo, ubi sis ingressus, addesse studia, & mixistros. Tac. Annal. li. 4. Ferdinand hath gotten possession, but accepts it by right of Election, as is confessed, Nulla facta mentione juris quod Annae competebat, Informator. pag. 7. and gives Defeasall Letters, Quod ex nulla obligatione sed ex libera & bona voluntate eum Boemi eligerint against which the Austrians now urge a resumption of those letters, and a new declaration of the right of Anne: for the truth of which, there is no record in it own proper time and place, & that which is, is crept into the Margin, from which most corruptions into Classic Authors have been derived. But admit it were true, there is no stronger Argument against the Succession; For thereby Ferdinand doth confess a practice and stretch of his authority for his advantage against a former confessed right. The acceptance of the Election without the right of Anne, was safer for him then to come in by her right, because so he was established in his own title, which might have failed by the death of his wife, singly depending on her, and Kingdoms successive are not held in courtesy; But after nineteen years, having a settled posterity by Anne, it was then for his advantage in prejudice of the liberty of the States, to disclaim the Election, and to claim by his wife for his children's interest, who should not then hazard a new Election, but succeed. And this reason caused the former Kings of Boheme to procure their sons crowned when they could, and some as appears, could not. This practice discredits the whole claim, and is founded upon Ferdinand interessed against Ferdinand freely elected. As fare as mine Authors have led me, in mine own purpose, which was to show a continual claim and practise in the States of Bohemia to Elect their Princes and Kings, I have (perhaps with too much brevity) delivered the same truth I found recorded, and I doubt not it will be clear enough to all well affected men, that my propositions are made evident in sundry example, and so my Conclusion will stand, Bohemiae Regnum Electinum; but because I professed at first, that the Informator had misused his stuff to serve his own ends, and to beguile the simplicity of our minds, I stand bound not so to accuse him, without showing in some particulars, which way he hath made that which was strait crooked. The truth I have delivered, as a Rule, will do it; but until I have also demonstrated his crookedness, mine own may lie under the same suspicion; where therefore his Uses seem to cross my Narration, I will endeavour to show the fallacy or pervercenesse; Informator. pag. 1. Desiring you to observe that the Informator seems to insinuate, that this claim of Free Election is fortified by Testimonies only of six Ages, which indeed were weak, although true, in respect of so many changes; but we say, that from the first peopling to this age, we have Right and Practice on our part without Interruption. First he denies even that continuance of six ages, by example of john of Luxenburgh, who as he pretends, had right to the Kingdom by marriage of his wife Elizabeth, heir of the Crown. I will not confute him with any other reason then his own. His next words are; Inform. pag. 2. Indeed Henry of Carinthia married the elder sister Anne, by which he took the Inheritance of the Kingdom: How then could john have Right by the younger sister? but he tells us Henry was deposed by the Emperor, (we say by the people, and that they called in john) but he tells not, who gave the Emperor power to depose a King in Boheme: ye; he shows the fault, because he rebelled against the Emperor: And this Rebellion was, because Henry entered the Kingdom in his Wife's right, without demanding an Investiture; If it were the right of john, husband to the younger sister (as the Informator will have it) how is it Rebellion in the Elder to claim or defend that right? or what fault is it in them to take their own? if any had a right of suecession, and should refuse, for other quarrels to demand the Investiture, or the Emperor to grant it, can this vitiate the right, and make them no heirs? A right so limited is a miserable Wardship; & although the Emperors reserved that honour of Inuestiture, because they gave the title of King, yet they gave not the right of being Prince, or being heir: so that Henry could not for this cause be so a Rebel, as to be expelled from all Sovereignty; and if not, than john could as yet have no right by Elizabeth: But admit it be so, that Henry rebelled, could be forfeit the right of his Wife? Or can successive kingdoms be forfeited for want of Ceremony? Nothing is more absurd. But what consideration of their rights had the Emperor Albert of Austria, that thrust both out, to place his sons Rodolph and Frederick. To unfold all these Contradictions, we must return to the truth of Story; These neither of his sisters had, nor claimed right: But the Bohemians (always respective to the descendants of their Kings) first Elected the husband of Anne the eldest, and after rejecting him for misgovernment, called in john of Luxenburgh; And though they gave him Elizabeth to be his Wife, they plainly chose him for their King. Next he tells us, Ibid. Wenceslaus the son of Charles, at three years of age was Crowned King by his Father's Command, absque ulla requisitione statuum: That negative is not proved, and I ask no more Inference against it, and that which it concludes, quod jure successionis, than his own words, his Father commanded it, which if you make gentler, and say (as the truth is) he desired it we are agreed; for to command it, if he had right, was unnecessary, to entreat and procure it, not so, having no right. I omit his boldness contrary to good authority, Idem pag. 3. to aver that Albert of Austria claimed the kingdom in right of Elizabeth, when it is evident, that Sigismond at his death presented him to the States, by vehement words of recommendation; and the imputation cast upon the Ashes of Podiebrad (whom indeed he hates, for against his Election stands no exception) and descend to the only claim, that the daughters were true heirs; to prove which he avers, that Cassimir of Poland pretended right to the Kingdom at the Election of Podiebrad, which is utterly false; and that Podiebrad prevailed by a faction of a few, against the more powerful of the States, which is in itself absurd, & brands Pope Calixtus his approbation; for never was any King chosen with more universal applause. But admit all that true, the Conclusion to be proved is, That the Kingdom did descend in right to a Daughter; and so after Podiebrad, the son of Cassimir was admitted; to use his own words, The kingdom did return to the ordinary succession, de jure, was it ordinary that the younger did succeed? Was not Anne married to the Duke of Saxe, the Elder, and heir, if there were a right of Succession? Was Anne deposed by any Emperor, or any Decree against her? if not, what claim had the son of Elizabeth against his Aunt and her issue? And how, by the right and vigour of their privileges did the kingdom appertain to the younger in blood? But we see these daughter's Titles pieced up to confirm the claim of Ferdinand by Anne the sister of Ladislaus, which he at his own Election durst not trust unto. Lastly, he prefers to us the Letters or Bulls of Frederick, Charles, Ferdinand, and Vladisl●us, to entail the Kingdom to the Princes of the blood, but none of these to the next in blood, which forms a succession, but at large, that any of the blood may be chosen, and to that of greatest force, which seems exclusive (when none of the blood shall remain) the words following are, or by any other means when the Crown shall be void, which must needs be by death of any in possession: But we say that in the golden Bull of Charles, he not only excepts his Kingdom of Bohemia, and the right of the States to choose their King whomsoever they will, Onaph. Aurea Bulla 431. in any vacancy, but also confirms that right so, that no Constitution, Regal nor Imperial, Aurea Bulla pag. 481. shall be of force against it; and this, in words direct and vehement. So that whatsoever could follow for the advantage of any particular House, could not prejudice an Ancient and Fundamental Right of a whole Kingdom, and the practice hereof is the safest and best Interpreter. I have presented the Truth naked and simply; If it do any man service, I am glad; if not, I am glad that I have learned it for myself. FINIS.