An
Answer
to
the
Question
;
whether
the
Emperour
that
now
is
,
can
be
Iudge
in
the
Bohemian
Controuersie
or
no
?
Together
with
the
Extract
taken
out
of
the
Acts
of
the
Dyet
at
Augspurghe
,
in
the
yeare
1548
:
concerning
the
Kingdome
of
Bohemia
.
THey
that
endeuour
to
attribute
vnto
the
Imperiall
Maiestie
that
now
is
,
the
office
of
a
Iudge
in
the
Bohemian
Controuersie
,
ground
their
opinion
vpon
this
,
that
namely
,
the
Crowne
of
Bohemia
is
an
Electorate
&
a
Fee
depending
on
the
Empire
;
from
whence
they
inferre
,
that
as
it
is
onely
and
alone
due
vnto
a
Roman
Emperour
to
conferre
Electorates
and
Fees
depending
on
the
Empire
,
so
likewise
it
is
due
onely
and
alone
to
the
Emperour
to
iudge
and
to
giue
sentence
in
and
of
the
same
;
and
,
that
in
case
of
not
obeying
or
gain-saying
,
he
may
make
vse
of
his
Imperiall
authoritie
.
But
whilst
the
King
of
Bohemia
that
now
is
,
being
besides
Count
Palatine
and
Elector
,
hath
accepted
of
that
now
mentioned
Crowne
,
Electorate
and
Fee
imperiall
;
and
that
at
that
time
when
his
Imperiall
Maiestie
was
exalted
vnto
the
Imperiall
dignitie
,
was
of
the
said
King
himselfe
acknowledged
to
be
his
Emperour
,
and
liege
Lord
;
and
knew
verie
well
that
his
imperiall
Maiestie
laid
claime
to
the
said
Crowne
,
Electorate
and
imperiall
Fee
:
hauing
besides
that
neglected
the
respect
he
oweth
to
his
Imperiall
Maiestle
,
as
well
in
not
abandoning
that
once
accepted
Crown
according
vnto
the
monitoriall
Mandate
sent
forth
in
that
behalfe
;
as
also
in
not
obeying
(
as
hee
ought
)
his
lawfully
ordayned
Emperour
,
and
liege
Lord
.
And
therefore
his
Imperiall
Maiestie
,
beeing
lawfully
elected
Emperour
of
the
Romans
,
and
Lord
of
the
said
Fee
,
and
so
supreme
Iudge
,
can
and
may
vse
against
the
said
King
all
sharpe
,
constraint
,
and
executionall
processes
.
But
euerie
one
(
the
eyes
of
whose
vnderstanding
are
not
altogether
blinded
with
ouerwhelming
affects
)
can
casily
perceiue
the
insufficiency
of
those
confused
arguments
,
if
he
vouchsafe
but
as
it
were
by
the
way
to
consider
and
looke
vppon
both
parties
,
and
vpon
the
cause
it selfe
.
For
it
is
more
then
world-notorious
,
and
more
then
manifest
out
of
all
Writings
,
edictall
cassation
,
and
Mandate
set
forth
and
published
by
his
Imperiall
Malestie
,
that
his
Maiestie
neither
pretendeth
nor
groundeth
his
complaint
vpon
any
wrong
done
to
the
holy
Roman
Empire
,
by
accepting
of
the
said
Crowne
of
Bohemia
:
But
altogether
and
alone
vpon
this
,
that
namely
the
mentioned
Crowne
of
Bohemia
appertayneth
onely
and
alone
vnto
the
House
of
Austria
,
as
being
an
onely
Inheritance
of
the
same
;
and
that
therefore
it
is
due
vnto
his
Imperiall
Maiestie
,
as
being
borne
an
Archduke
of
Austria
.
But
if
his
Imperiall
Maiestie
may
lawfully
ground
his
claime
of
his
pretended
inheritance
to
the
Crowne
of
Bohemia
vpon
vertue
of
his
obtained
election
to
the
Imperiall
Dignitie
,
why
then
should
not
the
succeeding
and
from
other
Families
descending
and
issuing
Emperors
,
haue
the
like
pretence
and
claime
of
Inheritance
to
the
same
Crowne
?
the
which
the
House
of
Austria
I
am
sure
would
neuer
allow
of
.
It
must
therefore
needes
follow
,
first
that
the
King
of
Bohemia
that
now
is
,
hath
nothing
at
all
to
contest
with
the
holy
Empire
,
nor
with
his
imperiall
Maiestie
as
with
an
elected
Emperour
of
the
Romans
,
touching
the
accepting
of
the
Crowne
of
Bohemia
now
complained
of
,
but
as
with
a
borne
Archduke
;
and
then
,
that
his
Imperiall
Maiestie
in
this
priuate
cause
and
Austriacall
pretence
,
nor
ought
nor
can
be
both
partie
and
Iudge
,
especially
whilst
the
Kingdome
of
Bohemia
alloweth
no
iurisdiction
at
all
to
the
Roman
Emperour
(
saue
onely
in
that
which
is
due
vnto
the
Empire
,
as
from
a
Fee
depending
on
the
same
.
)
And
is
not
subiect
neyther
to
the
Roman
Emperour
,
nor
to
the
iudgements
of
the
holy
Empire
,
whether
they
be
pronounced
at
the
Imperial
Court
,
or
at
the
Chamber
at
Spire
;
nor
to
the
Constitutions
of
the
Empire
,
nor
to
the
decisions
of
the
deuisions
of
the
Empire
,
nor
to
common
acts
of
the
same
.
And
whereas
his
Imperiall
Maiestie
in
this
case
against
the
person
of
the
Count
Palatine
Elector
,
now
King
of
Bohemia
,
will
be
considered
and
produced
not
as
a
partie
,
but
as
a
Roman
Emperor
,
liege
Lord
and
Iudge
,
it
is
more
then
absurde
;
forasmuch
as
his
Imperiall
Maiestie
it selfe
in
this
Bohemian
Controuersie
,
hath
neuer
but
intituled
himselfe
King
of
Bohemia
,
and
Tenant
to
the
Empire
,
in
that
he
still
hath
endeuoured
to
confirme
his
pretence
principally
with
this
,
that
namely
his
Maiestie
hath
beene
inuested
into
the
said
and
often
mentioned
Crowne
of
Bohemia
,
by
a
Roman
Emperour
.
Wherefore
then
the
Count
Palatine
Elector
,
and
now
King
of
Bohemia
,
can
be
in
no
manner
accused
as
if
he
had
committed
any
thing
against
the
holy
Roman
Empire
,
and
the
Roman
Emperour
his
liege
Lord
,
and
so
lost
that
Fee
of
the
Empire
he
hath
accepted
of
.
And
if
his
Imperiall
Maiestie
would
needes
herein
supply
the
office
of
a
Iudge
as
Roman
Emperour
and
liege
Lord
,
then
must
he
necessarily
take
vpon
him
two
senerall
and
distinct
persons
,
and
set
the
one
vpon
the
imperiall
Tribunall
,
and
make
the
other
as
ARchduke
of
Austria
,
together
with
the
Count
Palatine
Elector
,
to
appeare
before
him
,
and
then
iudge
which
of
those
two
hath
the
better
Law
,
whether
the
Archduke
which
by
clancularie
Conuentions
hath
sought
to
change
and
conuey
the
Crowne
of
Bohemia
(
a
Fee
of
the
holy
Roman
Empire
)
to
the
great
disaduantage
and
hurt
of
the
same
Empire
,
to
the
House
of
Spaine
,
which
long
since
hath
affected
an
vniuersall
Monarchy
:
or
the
Count
Palatine
,
which
still
hath
,
and
as
yet
laboureth
daily
to
obtaine
the
said
Crowne
and
Imperiall
Fee
from
the
Empire
.
And
yet
more
absurde
is
this
,
that
they
goe
about
to
perswade
the
World
as
if
the
Count
Palatine
Elector
had
done
too
much
,
and
had
committed
against
the
Law
in
accepting
of
that
him
offered
Bohemian
election
and
Crowne
,
and
that
at
that
time
,
when
his
Imperiall
Maiestie
was
alreadie
exalted
to
the
Imperiall
dignitie
:
when
his
Imperiall
Maiestie
was
acknowledged
by
the
said
Count
Palatine
Elector
himselfe
,
to
bee
his
Emperour
,
and
liege
Lord
:
and
when
hee
knew
full
well
that
his
Imperiall
Maiestie
laid
claime
to
the
same
Crowne
.
For
should
the
consideration
and
respect
of
Imperiall
dignitie
be
holden
sufficient
enough
for
to
barre
him
from
accepting
of
that
,
vnto
the
accepting
whereof
(
as
constantly
he
beleeueth
)
he
was
warranted
by
God
,
and
by
the
Law
?
And
what
will
the
effect
of
this
obiection
bee
else
,
but
to
conclude
that
the
pretence
of
the
demandant
must
needes
bee
the
stronger
in
Law
,
because
he
is
now
preferred
to
higher
dignitie
then
he
was
before
?
There
is
no
Prince
of
the
Empire
,
which
pretendeth
not
some
one
action
or
another
against
his
equall
in
priuate
affaires
:
But
if
his
equall
should
attaine
to
the
Imperiall
dignity
,
would
that
same
his
preferment
be
cause
enough
for
to
cut
off
the
lawfull
action
of
the
other
Prince
?
Or
should
a
Canon
be
barred
from
prosecuting
his
action
he
hath
entred
against
his
fellow
Canon
,
concerning
some
priuate
demands
,
because
his
fellow
Canon
and
aduersary
is
chosen
to
weare
the
Myter
?
Should
a
Citizen
lose
his
Law
and
pretence
,
because
his
fellow
Citizen
and
aduersarie
hath
got
the
Majorship
?
Should
a
Souldier
giue
ouer
his
suite
,
because
his
fellow
Souldier
hath
got
the
Captainship
,
and
so
a
commaund
ouer
him
that
sued
?
If
wee
should
graunt
this
,
then
must
we
likewise
and
most
necessarily
graunt
,
that
the
Dignities
of
what
degree
soeuer
,
haue
beene
brought
in
rather
for
suppression
then
for
promotion
of
iustice
:
notwithstanding
the
scope
and
principall
cause
of
the
establishing
and
ordaining
of
heads
,
and
gouernors
in
all
estates
and
degrees
of
the
World
,
is
,
that
thereby
good
gouernment
may
be
maintained
,
Law
and
Iustice
may
be
administred
to
euery
one
which
seeketh
for
it
,
and
to
whom
it
is
due
;
and
that
none
may
be
molested
by
another
vnlawfully
and
wrongfully
.
And
although
in
all
estates
and
degrees
,
euery
one
is
bound
by
Law
and
Iustice
to
render
due
honour
and
respect
to
his
lawfull
Superiors
,
yet
ought
that
same
honour
and
respect
to
be
in
no
wise
derogatorie
to
the
right
of
him
that
is
bound
to
honour
his
Superior
,
but
rather
a
motiue
and
way
to
attaine
to
the
same
.
But
more
then
absurd
it
is
that
they
dare
perswade
his
Imperiall
Maiestie
to
make
vse
of
his
obtayned
Imperiall
power
for
to
maintaine
and
colour
his
priuate
Austriacall
pretence
,
and
to
goe
through-stitch
with
force
,
as
being
Roman
Emperour
:
witnesse
all
those
Writings
and
Patents
which
here
and
there
haue
beene
published
and
putsorth
vnder
the
name
of
his
Imperiall
Maiestie
,
concerning
as
well
the
forcible
Spanish
Armie
raysed
in
the
Prouinces
of
Lower
Burgundie
,
as
also
those
which
are
and
haue
been
entertayned
of
the
vnited
Electors
,
Princes
,
and
Estates
of
the
Roman
Catholique
Religion
.
For
in
the
said
Writings
there
be
contayned
these
two
reasons
,
That
(
namely
)
these
Armies
haue
beene
leuyed
;
first
for
the
maintenance
of
his
Imperiall
authoritie
;
secondly
,
for
the
recuperation
of
the
same
,
as
which
hath
beene
taken
away
from
him
and
from
his
House
of
Austria
,
in
and
together
with
Bohemia
.
Out
of
the
which
reasons
euery
one
may
easily
perceiue
,
to
what
end
the
pretended
first
reason
,
which
is
the
Imperiall
authoritie
,
serueth
;
namely
,
that
vnder
the
Cloke
of
the
former
,
the
second
reason
,
which
is
the
claime
of
Austriacall
interest
,
might
be
the
better
put
forward
:
which
is
indeed
a
most
monstrous
and
great
abuse
of
Imperiall
authoritie
;
forasmuch
as
it
is
most
manifestly
proued
and
euident
,
not
onely
out
of
the
Constitutions
of
the
Empire
,
and
all
Imperiall
Capitulations
,
but
also
out
of
Nature
,
that
the
Imperiall
authoritie
is
giuen
to
all
and
euerie
Emperour
,
to
this
end
onely
,
that
right
and
iustice
(
the
onely
true
foundations
and
Pillars
of
euery
Realme
,
and
without
which
no
Realme
can
nor
may
subsist
)
may
be
administred
without
partiallitie
,
no
Prince
and
Estate
of
the
Empire
molested
.
But
euerie
one
,
as
members
of
one
body
,
against
all
vnlawfull
power
defended
,
and
so
the
whole
Bodie
in
good
vnitie
,
peace
,
and
estate
preserued
:
which
end
to
obtaine
,
it
would
be
impossible
,
if
euery
Prince
,
after
he
is
exalted
to
the
Empire
,
should
be
allowed
to
confound
the
priuate
actions
of
his
owne
or
of
his
Family
,
against
his
or
their
equalls
with
those
of
the
holy
Empire
;
and
to
driue
through
by
war
,
proscription
,
or
other
such
like
sharpe
meanes
(
though
they
were
made
without
all
lawfull
precedent
cognition
,
and
rested
onely
vpon
his
owne
will
and
pleasure
)
that
,
which
in
propria
causa
,
he
neuer
was
able
to
performe
and
obtaine
by
himselfe
,
and
that
vnder
colour
of
Imperiall
Soueraigntie
and
authority
:
which
indeed
is
nothing
else
but
to
set
into
disquietnesse
and
combustion
and
extreame
danger
,
the
holy
Empire
;
notwithstanding
the
Imperiall
Maiestie
that
now
is
,
hath
highly
obliged
himselfe
to
the
encreasing
of
the
peaceable
welfare
of
the
same
.
But
for
to
preuent
and
to
auert
all
mischiefe
and
inconvenience
which
might
arriue
out
of
the
abuse
of
the
Imperiall
authoritie
,
it
hath
beene
most
wholesomely
prouided
by
all
the
holy
Roman
Empire
,
that
euery
new
elected
Roman
Emperour
shall
at
his
Imperiall
election
instantly
be
vrged
by
the
electorall
Colledge
,
to
confirm
and
ratifie
with
a
corporall
oath
this
of
so
many
strong
clauses
consisting
imperiall
capitulation
:
That
namely
,
neither
he
himselfe
wil
by
violence
and
power
,
hurt
or
suppresse
any
of
the
Electors
,
Princes
,
Prelates
,
Counts
,
Lords
,
and
other
Estates
of
the
Empire
;
neyther
cause
nor
giue
way
to
others
for
to
doe
the
same
:
But
if
eyther
he
or
any
other
hath
to
demaund
any
thing
,
be
it
of
them
all
in
generall
,
or
of
some
of
them
in
particular
,
that
then
(
for
to
auoid
tumults
,
dissentions
,
and
other
hurtfull
inconueniences
in
the
Empire
,
and
to
preserue
peace
and
vnitie
,
)
he
shall
open
lawfull
audience
and
processe
;
and
suffer
in
no
wise
,
neyther
in
these
nor
in
other
matters
,
where
they
may
haue
ordinarie
Lawes
,
and
are
willing
to
submit
themselues
thereunto
,
to
hurt
or
to
inuade
by
robberies
,
spoyling
,
burning
,
defiance
,
warre
,
or
any
other
way
,
vnder
what
colour
,
or
pretence
or
name
whatsoeuer
:
that
he
will
and
shall
preuent
and
suffer
that
henceforth
in
no
wise
no
bodie
,
be
he
of
high
or
low
degree
,
eyther
Elector
,
or
Prince
,
or
any
other
,
without
cause
and
vnheard
to
be
proclaymed
or
declared
guiltie
of
iterate
proscription
and
banishment
.
But
that
herein
all
lawfull
proceedings
and
ordinances
enacted
by
the
holy
Empire
,
shall
,
according
vnto
the
direction
of
the
reformed
order
of
the
Imperiall
Chamber
at
Spire
,
be
fully
and
strictly
obserued
and
accomplished
:
And
finally
,
that
he
contrary
vnto
the
golden
Bull
,
and
other
Ordinances
of
the
holy
Empire
,
shall
in
no
manner
of
way
send
forth
,
nor
vse
,
neyther
of
himselfe
,
nor
by
way
of
Entreaty
from
other
Magistates
whatsoeuer
,
any
Rescript
,
Mandate
,
or
whatsoeuer
may
hurt
;
with
this
expresse
addition
,
that
,
if
any
thing
repugnant
to
the
aforesaid
poynts
be
eyther
obtayned
or
sent
forth
,
then
all
the
same
shall
be
voyd
and
of
none
effect
.
Whilest
the
now-Imperiall
Maiestie
that
now
is
,
hath
ratified
and
confirmed
euery
word
of
this
Capitulation
by
a
corporall
Oath
,
it
must
needes
be
more
cleare
then
the
Sunne
it selfe
,
that
he
neither
ought
nor
can
be
both
Party
and
Iudge
in
his
owne
proper
cause
against
any
Elector
or
Estate
of
the
Empire
,
much
lesse
make
vse
of
his
Imperiall
authoritie
.
But
forasmuch
as
it
might
easily
happen
that
at
one
time
or
the
other
,
eyther
the
Roman
Emperour
should
haue
occasion
vpon
some
controuersie
to
enter
action
against
one
or
the
other
Elector
and
Estate
of
the
Empire
,
or
some
one
Elector
or
Estate
of
the
Empire
,
or
the
other
against
the
Roman
Emperour
,
touching
some
priuate
causes
and
pretensions
;
and
that
therefore
necessitie
would
haue
and
require
an
vnpartiall
Iudge
,
it
is
further
expressely
set
downe
and
ordayned
by
the
Constitutions
of
the
Empire
,
and
by
the
fundamentall
Lawe
of
the
Goulden
Bull
,
that
in
such
like
cases
,
that
is
,
when
eyther
the
Roman
Emperour
shall
sue
in
Law
any
Estate
of
the
Empire
,
or
be
sued
in
Law
by
any
Estate
of
the
Empire
;
the
whole
matter
of
Controuersie
ought
to
be
pleaded
,
and
tried
,
and
iudged
onely
and
alone
before
and
by
the
Count
Palatine
of
the
Rhyne
,
Elector
,
as
ordinarie
Iudge
lawfully
thereunto
authorized
by
and
in
stead
of
the
whole
Roman
Empire
.
And
although
it
cannot
be
denyed
,
but
that
,
(
for
to
giue
some
colourable
shew
to
the
abuse
of
the
Imperiall
Soueraigntie
and
authoritie
.
)
it
is
furthermore
and
againe
alledged
&
cast
abroad
,
because
this
Controuersie
and
Action
concernes
an
whole
Electorate
of
the
holy
Empire
,
that
therefore
all
Electors
together
haue
power
granted
vnto
them
,
for
to
giue
their
iudgement
,
and
to
interpose
themselues
in
it
:
and
that
likewise
not
long
since
,
with
one
consent
,
it
hath
beene
agreed
vpon
by
the
Electors
to
this
end
assembled
at
Milheusen
,
that
namely
his
Imperiall
Maiestie
might
lawfully
,
and
by
vertue
of
right
and
iustice
,
make
vse
and
put
in
vre
his
Imperiall
authoritie
and
power
in
this
his
Austriacall
priuate
pretence
against
the
Count
Palatine
Elector
,
now
King
of
Bohemia
:
yet
is
the
same
the
verie
fulnesse
and
height
of
all
absurdities
and
vnrighterousnesses
which
euer
were
heard
of
vnder
the
cope
of
Heauen
.
For
if
the
three
spirituall
Electors
be
of
opinion
that
the
Electorall
Colledge
hath
power
by
reason
of
the
Electorate
of
Bohemia
,
to
take
the
cause
in
hand
,
and
to
iudge
in
and
of
the
same
,
then
had
it
beene
their
part
and
office
at
the
last
past
Election-day
at
Frankford
,
when
the
whole
Electorall
Colledge
was
most
earnestly
required
,
as
well
by
the
States
of
Bohemia's
Ambassadours
,
as
also
thereunto
instantly
admonished
,
by
the
Deputies
of
the
three
Temporall
Electors
themselues
,
before
all
other
things
,
to
employ
all
their
labour
and
paine
for
to
appease
and
take
vp
the
matter
,
especially
cum
Res
adhuc
esset
integra
.
But
whilest
at
that
time
they
would
take
no
notice
at
all
of
it
,
whilest
also
the
Elector
of
Mogunce
would
not
so
much
as
once
propose
vnto
the
Electorall
Councell-Table
,
the
Letters
of
Intervention
deliuered
vnto
him
by
the
Ambassadours
of
Bohemia
,
(
notwithstanding
his
Electorall
Grace
should
haue
done
and
performed
the
same
ratione
officij
,
as
being
Arch-Chancellor
to
the
Empire
:
)
whilest
also
the
three
Spiritual
Lords-Electors
,
together
at
that
time
would
not
permit
the
aforesaid
Bohemian
Ambassadours
to
come
to
that
by
them
required
audience
,
notwithstanding
it
did
concerne
the
Electorate
of
Bohemia
,
and
was
due
vnto
them
by
the
verie
Law
Nationall
;
We
cannot
but
greatly
maruell
,
that
now
they
shew
themselues
to
be
possessed
as
it
were
with
an
euill
before-hand
priuily
preiudicatiue
conceyned
iudgement
;
in
that
now
,
they
of
,
&
among
themselues
,
and
without
priuity
of
the
whole
electoral
Colledge
,
much
lesse
of
any
other
of
the
Princes
and
Estates
of
the
Empire
,
ouer-shoote
themselues
so
farre
,
that
,
contrarie
vnto
all
Lawes
both
diuine
and
humane
,
they
forget
not
to
condemne
one
partie
vnheard
,
and
to
absolue
the
other
.
Out
of
this
manifest
behauiour
of
theirs
then
,
it
will
be
hard
to
find
out
,
or
see
any
way
,
wherby
they
may
or
can
be
able
to
free
themselues
from
partialitie
,
much
lesse
to
shew
or
make
,
or
obtrude
themselues
Iudges
vnpartiall
;
forasmuch
as
it
cannot
be
denyed
but
that
the
Crowne
and
Electorate
of
Bohemia
,
hath
his
owne
proper
and
vndoubted
fundamentall
Laws
and
priuiledges
,
according
vnto
the
Tenour
whereof
,
the
King
together
with
the
Estates
of
Bohemia
,
ought
to
be
conuented
in
cases
of
the
like
nature
,
and
alloweth
no
iurisdiction
at
all
to
the
holy
Empire
,
saue
onely
(
as
it
was
said
before
)
in
that
which
is
due
vnto
the
Empire
,
as
from
a
Fee
thereon
depending
.
And
whereas
the
fault
which
was
publiquely
committed
at
Frankford
,
striueth
priuily
and
without
all
power
to
excuse
or
shrub
it selfe
by
and
vnder
the
name
of
Imperiall
authoritie
;
it
is
such
a
thing
which
hereby
must
be
remitted
to
the
Iudgement
and
Tribunall
of
God
,
the
most
iust
Iudge
.
But
the
things
now
spoken
,
are
by
no
meanes
to
be
thus
vnderstood
,
as
if
the
King
of
Bohemia
,
Count
Palatine
,
and
Elector
,
would
not
submit
himselfe
,
nor
vndergoe
any
other
lawfull
iudgement
,
forasmuch
as
he
hath
still
and
of
his
owne
accord
offered
himselfe
thereunto
,
if
so
be
the
same
might
be
done
and
had
in
due
and
conuenient
places
,
by
vnpartiall
and
thereunto
qualified
persons
;
but
not
before
some
few
Estates
of
the
Empire
,
arrogating
vnto
themselues
apart
,
and
de
facto
ius
iudicandi
:
Nor
by
his
Imperiall
Maiesties
priuate
Councel-Table
,
and
obtrudent
passionate
Seruants
.
Neither
is
the
question
which
party
hath
the
Law
on
his
side
,
But
whether
his
Imperiall
Maiestie
,
or
his
Priuie
Counsellors
,
may
or
can
be
Iudges
,
or
no
?
For
,
as
concerning
the
meane
and
principall
cause
in
and
of
it selfe
,
we
referre
the
gentle
Reader
to
the
Deduction
published
not
long
since
by
the
Estates
of
Bohemia
,
in
the
which
there
is
contayned
at
large
,
first
a
demonstration
,
how
and
in
what
manner
they
haue
obtayned
the
right
of
their
free
Election
,
how
and
in
what
manner
they
haue
continued
the
same
without
any
interruption
,
till
the
time
of
his
imperiall
Maiestie
:
Secondly
,
a
fundamentall
confutation
of
the
Austriacal
pretencions
&
grounds
:
Thirdly
,
a
deduction
of
those
most
vrgent
&
pregnant
Motiues
,
by
the
which
(
assisted
by
their
ancient
and
well
deduced
right
,
and
free
Election
)
they
were
lawfully
moued
to
reiect
the
Imperiall
Maiestie
that
now
is
,
and
to
take
in
hand
a
new
election
:
concerning
which
points
they
are
readie
to
giue
reason
,
and
answer
in
due
place
,
and
before
competent
Iudges
;
and
to
produce
further
proofe
for
to
shew
that
their
most
gracious
King
and
Lord
that
now
is
,
is
most
vnkindly
dealt
withall
,
in
that
he
is
said
to
haue
pulled
the
Crowne
of
Bohemia
from
the
head
of
his
Imperiall
Maiestie
,
whereas
his
royall
Maiestie
obtayned
the
same
most
lawfully
by
ordinarie
and
vnanim
free
election
,
the
same
Crowne
beeing
then
altogether
vacant
.
But
wee
deeme
it
needelesse
to
dwell
any
longer
vpon
this
,
especially
discouering
as
it
were
by
the
way
,
another
grosse
absurditie
worthie
to
be
taken
away
.
For
many
there
are
found
among
these
which
entertaine
an
erronious
opinion
of
the
lawfulnesse
of
the
pretended
clayme
of
inheritance
of
the
House
of
Austria
,
and
which
say
,
That
although
in
the
Golden
Bull
there
be
expressely
reserued
vnto
the
Estates
of
Bohemia
the
right
of
free
election
,
whereas
in
other
temporall
Electorates
and
masculine
Fees
of
the
Empire
,
there
is
set
down
&
confirmed
a
speciall
order
concerning
the
hereditarie
succession
in
the
same
,
of
the
eldest
Sonnes
and
other
neere
kinsmen
by
the
fathers
side
:
that
neuerthelesse
the
same
is
to
bee
restrayned
to
the
Family
of
Charles
the
Fourth
,
and
so
to
the
House
of
Austria
onely
,
forasmuch
as
it
is
not
to
be
presumed
that
Charles
the
Emperour
,
and
they
then
assembled
Electors
,
Princes
,
and
Estates
of
the
Empire
,
would
haue
thus
easily
,
and
that
directly
giuen
the
Electoral
office
annexed
to
the
Crowne
of
Bohemia
,
to
the
free
election
of
the
Estates
of
Bohemia
,
and
so
attributed
the
same
to
an
vncertaine
Family
.
But
this
imaginarie
obiection
hath
as
little
ground
and
strength
,
as
may
be
found
in
this
which
would
perswade
vs
that
the
free
Election
of
the
three
Cathedrall
Chapters
,
of
Mogunce
,
Colen
,
and
Triers
,
of
their
Archbishops
and
Electors
of
the
Empire
,
is
not
graunted
vnto
them
simply
,
but
is
restrained
to
some
certaine
Houses
and
Families
:
Whereas
much
the
more
it
is
to
be
presumed
,
that
,
because
and
whilst
,
according
to
the
Go●den
Bul
,
the
other
three
temporal
Electorates
and
Fees
masculine
,
cannot
hereditarily
descend
vpon
the
daughters
,
but
vnto
the
sonnes
onely
,
and
to
the
neerest
kinsmen
of
the
fathers
side
;
so
in
like
manner
the
Estates
of
Bohemia
,
after
the
Crowne
of
Bohemia
hath
bin
made
an
Electorate
,
should
elect
no
woman
to
be
their
Queene
,
and
so
an
Electrize
of
the
Empire
;
as
also
the
aforesaid
three
Spirituall
Chapters
vse
not
to
chuse
women
to
bee
their
Archbishops
,
and
Electors
of
the
Empire
.
And
surely
it
is
a
thing
very
new
,
nay
heretofore
neuer
heard
of
in
the
holy
Empire
,
that
men
should
so
much
haue
endeuoured
to
appropriate
the
Electorate
of
Bohemia
,
as
well
to
women
as
to
men
,
and
that
by
a
fayned
and
neuer
as
yet
proued
right
of
Inheritance
;
yea
,
that
the
claime
of
Inheritance
,
pretended
by
his
Imperiall
Maiestie
,
will
needes
and
principally
bee
deduced
from
a
Woman
,
to
wit
,
from
Anna
,
wife
to
Ferdinand
the
first
,
Emperour
.
Forasmuch
,
as
long
as
the
Electorall
Colledge
hath
beene
,
neuer
woman
wore
the
Electorall
office
.
And
it
would
be
a
thing
vnaccustomed
and
strange
,
if
a
woman
should
be
either
receiued
or
intruded
into
the
Electorall
Colledge
,
considering
that
a
woman
is
not
onely
vncapable
thereof
by
reason
of
the
qualitie
of
that
Sexe
,
as
being
vnable
to
accomplish
the
warlike
seruice
due
of
such
Fee
of
the
Empire
to
the
Empire
;
but
also
that
it
would
be
resembling
more
a
Stage-play
,
then
be
conuenient
to
the
grauitie
of
an
Electorall
Colledge
,
if
a
woman
at
the
election
of
a
Roman
Emperour
,
should
sit
in
the
middest
of
the
spirituall
and
temporall
Electors
,
should
moreouer
ride
together
with
&
amongst
them
,
should
performe
the
Electorall
office
,
should
beare
the
Electorall
sword
.
Whereupon
then
now
,
and
to
conclude
,
it
is
left
to
the
wise
consideration
of
the
whole
impartiall
World
,
but
especially
of
the
most
illustrious
Electors
,
Princes
,
and
Estates
of
the
Empire
,
to
iudge
,
whether
it
would
be
iust
and
lawful
,
and
not
rather
contrarie
and
repugnant
to
God
,
and
to
the
libertie
of
the
Electors
,
Princes
,
&
Estates
,
if
it
should
fall
out
that
his
Imperiall
Maiestie
should
,
as
well
in
this
present
case
,
as
in
other
of
the
like
nature
,
(
where
nothing
at
all
is
attempted
nor
medled
against
&
with
the
holy
Empire
,
nor
any
orderly
and
lawfull
cognition
had
)
defend
and
maintaine
his
priuate
pretence
and
interest
(
the
which
by
armes
he
hath
defended
ere
and
before
he
attayned
to
the
Empire
)
by
way
of
obtayned
Imperial
authoritie
,
and
that
against
so
chiefe
an
Elector
of
the
Empire
;
should
in
causa
propria
presse
forward
with
Imperial
power
,
should
raise
dangerous
warre
,
not
onely
in
Bohemia
,
the
pretence
whereof
is
controuerted
,
but
in
the
verie
middest
of
the
holy
Empire
,
and
that
by
Spanish
seruants
,
euill
affecting
the
German
Nation
;
should
be
both
partie
and
Iudge
,
should
as
elected
Roman
Emperour
adiudge
to
himselfe
such
pretended
Austriacall
right
,
should
condemne
the
contrarie
part
and
that
vnheard
,
should
put
forth
and
execute
the
threatned
processe
of
proscription
,
and
that
vnder
the
name
of
Imperiall
Soueraigntie
:
but
for
priuate
commoditie
,
should
by
such
extreames
expose
to
vttermost
danger
of
totall
ruine
(
which
God
forbid
)
the
whole
Roman
Empire
our
natiue
Countrey
,
and
that
all
contrarie
vnto
that
by
corporall
oath
ratified
Imperiall
Capitulation
.
Thus
now
(
curteous
Reader
)
hast
thou
here
a
short
Answere
to
the
proposed
Question
;
Consider
the
same
well
,
and
desire
God
to
assist
the
right
.
Farewell
.
An
Extract
taken
out
of
the
Acte
made
at
the
Dyet
at
Wormes
,
in
the
yeare
1548
:
Concerning
the
Kingdome
of
Bohemia
.
THe
Royall
Maiestie
of
Bohemia
,
hath
betimes
and
before
this
beene
put
in
minde
by
his
ordayned
Councell
of
the
Diuision
,
how
that
the
King
of
Bohemia
hath
beene
found
in
the
last
Contribution-Roll
at
Wormes
,
and
that
therefore
the
intent
of
the
generall
Assemblie
of
the
Diuision
,
is
,
to
put
his
Royall
Maiestie
(
as
beeing
King
of
Bohemia
and
Elector
)
likewise
into
the
new
Rolle
,
and
to
assigne
him
his
portion
of
Contribution
,
for
those
Landes
which
his
Maiestie
holdeth
from
the
Empire
,
as
King
of
Bohemia
,
so
as
the
said
Councell
hath
done
alreadie
in
the
reformed
Contribution-Rolle
.
But
because
this
their
motion
and
intent
hath
beene
altogether
strange
to
his
Royall
Maiestie
,
by
reason
that
his
Maiestie
heretofore
neuer
heard
nor
knew
any
thing
of
it
;
his
Royall
Maiestie
hath
deferred
the
matter
(
for
want
of
sufficient
present
instruction
)
vntill
his
happy
returne
into
the
Crowne
of
Bohemia
,
where
,
after
most
diligent
search
and
enquirie
made
,
he
could
find
out
or
know
nothing
else
,
but
that
the
Estates
of
the
Crowne
of
Bohemia
,
knew
of
no
contribution
to
the
Empire
;
and
say
plainely
,
that
neyther
the
alledged
Rolles
of
Wormes
,
nor
the
ancienter
,
hath
beene
made
with
will
and
consent
of
his
Royall
Maiesties
renowned
Predecessours
,
Kings
of
Bohemia
;
and
that
they
were
neuer
liable
to
any
ayde
,
nor
neuer
gaue
ayde
;
and
,
in
a
word
,
that
they
owe
none
.
Neyther
can
his
Royall
Maiestie
call
to
mind
,
that
euer
he
was
burthened
with
any
Contribution
,
or
demanded
any
ayde
;
much
lesse
payde
or
performed
any
,
notwithstanding
not
a
few
Contributions
and
aydes
to
and
for
the
Empire
,
haue
beene
made
and
agreed
vpon
by
the
Empire
;
Whereas
,
moreouer
,
the
King
of
Bohemia
is
neuer
summoned
to
appeare
or
to
be
present
at
the
generall
Dyet
of
the
Empire
,
and
hath
neyther
place
nor
voyce
in
the
Councell
of
the
Empire
.
Besides
this
,
whilest
the
Contributions
to
the
Empire
haue
hitherto
beene
layd
onely
and
alone
vpon
those
Estates
which
are
contained
and
particularly
set
downe
in
the
tenne
Diuisions
.
But
the
Crowne
of
Bohemia
being
found
in
no
Diuision
at
all
,
the
generall
Estates
of
the
Empire
may
easily
perceiue
and
know
that
that
Crowne
hath
heretofore
neuer
contributed
with
the
Empire
,
and
can
therefore
not
be
but
wrongfully
put
into
the
Rolle
of
Contribution
.
Neyther
doe
the
Contributions
of
the
Empire
concerne
but
onely
the
Estates
of
the
Empire
of
the
Germaine
Nation
,
which
rest
vnder
the
defence
and
protection
of
the
holy
Empire
,
and
vse
the
peace
and
Lawes
of
it
.
And
though
his
Royall
Maiestie
,
as
King
of
Bohemia
,
holdeth
of
the
holy
Empire
certayne
Countries
and
Dominions
that
vse
the
German
Language
,
yet
haue
the
said
Countries
and
Dominions
,
from
the
Romane
Empire
,
neyther
defence
nor
protection
,
nor
peace
nor
Law
,
but
are
from
ancient
times
seuered
from
the
Empire
of
the
Germane
Nation
,
into
a
particular
Realme
and
Nation
,
and
are
not
incorporate
to
it
,
and
therefore
not
subiect
vnto
the
burthens
,
aydes
,
and
Contributions
of
the
Empire
of
the
German
Nation
.
And
though
many
Strangers
,
and
outlandish
Potentates
,
hold
of
the
Imperiall
Maiestie
and
the
holy
Empire
,
many
renowned
Countries
and
Dominions
,
yet
are
they
neuer
burthened
,
or
subiect
,
with
or
to
any
Contributions
and
Aydes
to
the
Empire
of
the
Germane
Nation
.
Whilest
then
,
now
out
of
this
it
appeareth
,
that
the
King
of
Bohemia
is
not
bound
to
the
Contributions
of
the
Empire
,
but
wrongfully
and
by
meere
error
,
put
into
the
Contribution-Rolle
of
Wormes
,
or
perhaps
into
others
more
ancient
,
as
his
Royall
Maiestie
,
as
King
of
Bohemia
,
doth
assure
himselfe
considently
,
and
hopes
that
the
generall
Estates
of
the
Empire
will
desist
from
their
intent
and
demaund
,
and
burthen
his
Maiestie
no
more
,
then
were
his
Predecessors
,
Kings
of
Bohemia
.
And
if
his
royall
Maiestie
,
as
King
of
Bohemia
,
and
Elector
,
can
doe
or
shew
any
assistance
to
the
holy
Empire
,
or
else
to
the
Estates
of
the
German
Nation
,
as
well
in
generall
as
in
particular
,
for
the
profit
and
common
welfare
,
whether
it
be
out
of
duty
,
or
out
of
good
will
or
friendship
,
his
Royall
Maiestie
offereth
himselfe
hereby
most
willingly
and
friendly
thereto
:
giuing
likewise
hereby
notice
vnto
the
generall
Estates
,
That
as
hitherto
the
Estates
of
his
Royall
Crowne
of
Bohemia
,
haue
shewed
themselues
most
obedient
,
readie
,
and
forward
in
all
occasions
of
any
necessities
against
the
Infidels
,
so
now
and
hereafter
they
will
not
want
to
performe
the
same
at
the
vtmost
of
their
power
.
FINIS
.