The Sovereign Power of Parliaments Part 4, Appendix · Part 2
Bohemia.
For the Kings and Kingdome of Bohemia, M. Paulus Stranskius in his Reſpublica Bohemiae. c. 5 & 12. informes us out of the Fundamentall Lawes of Bohemia fSee Bartholdus Fontanus Bohemiaepiae l. 5. 6. & Pauli Geſchinii Majeſtas Caroli….That the power of the Kings of Bohemia, who are Elected by the generall Votes of the States, is ſo farre reſtrained in that Realme, that they can determine nothing concerning the Kingdome or great Affaires of the Realme, but in their Parliaments, or generall Aſſemblies of the Eſtates, by the generall conſent of the people; which are Summoned by the king himſelf and held (juſt like our Parliaments) in the kings Regency, and during the Interregnum by the Senate of the Realme, as often as there is occaſion; there being this clauſe in the Writ of Summons; That whether all thoſe who are ſommoned come at the day or not, the king with thoſe who appeare, will proceed to decree what ſhall be juſt and beneficall for the Republicke, and that thoſe who neglect to appeare ſhall be bound thereby; all Lawes and Acts are therein paſſed by publicke conſent. The king cannot alien or morgage any of the Crown Lands, nor releaſe not diminiſh the revenue: & Liberties of the Realm, nor promote any ſtrangers to the cuſtodies of Caſtles or publicke functions; impoſe no Taxes, charges; nor altar the ancient manner of the Militia of the Realm, nor make warre or peace, without the Parliaments adviſe and conſent. AndfPauli Stranſbii. Reſpub. Bohemiae c. 5. Sect. 14. 15. p. 174. 175. 178 179. before the king is Crowned, the Burgrave and Nobles, in the Name of all the Realme, demand of him to confirm and ratifie both with his eſpeciall Charter, and publick Oath, the Ancient and laudable Priviledges, Immunities, Liberties, Rights, Laws, Cuſtomes, and Inſtitutions, as well private as publicke, of all and ſingular the inhabitants of the Realme, and to governe them according to the rule of the Lawes after the example of his predeceſſors kings of Bohemia. Which done, he ſeales and delivers them a ſpeciall Charter, takes ſuch a ſolemne Oath, and then is Crowned upon theſe Conditions. ThegMunſt. Coſm. l. 3 c. 492. 499. Burcholdus Pontanus Bohemiae Piae. l. 1. 2. Arch-biſhop of Prague after the Letany ended, demands of the king, kneeling on his knees: Wilt thou keepe the holy faith delivered to thee from Catholick men, and obſerve it in juſt workes? He anſwering, I will: He proceedes, and ſaith: Wilt thou Governe and defend the Kingdome granted thee from God, according to the Juſtice of thy Fathers? He anſweres, I will, and by Gods Aſſiſtance promiſe that I will doe and performe it by all mean…s. After this kneeling on his knees, the Arch-biſhop holding the New Teſtament open, and the Burgrave reading the words firſt; the king takes this Oath in the Bohemian tongue. We ſweare to God (the mother of God and all Saints) upon this holy Goſpell, that we will and ought to keepe immovably to the Barons, Knights, and Nobles, alſo to thoſe of Prague and the other Cities, and to all the Commonalty of the Realme of Bohemia, the Inſtitutions, Lawes, Priviledges, Exemptions, Liberties, and Rights, and alſo the ancient, good and laudable cuſtomes of the Realme; *Gen. Hiſt. of Spain. l. 17. p. 626.and not to alienate or morgage any thing from the ſame Kingdome of Bohemia, but rather to our power to augment and enlarge it; and to doe all things which may be good and honourable to that Kingdome: So helpe me God (touching the booke with two of the fingers of his right hand) and all Saints. (The Kings of Navarre take the like Oath.)
HowhPaulus Stranſ. Repub. …ohem. c. 6. de Principibus Regibuſque …. this Realme hath beene altered from a Principality to a Dukedome, and from it againe to a Kingdome, having ſometimes Kings, ſometimes Dukes, both elected by the free choyſe of the Eſtates, to whom they were inferiour in Soveraigne power, accountable for their miſ-government, and removeable from their Throne: you may read in theh… pontanus qua. marginall Authors. Not to mention the Bohemians depoſition of Libuſſa a Noble Virago, who governed them for a ſeaſon, reputing it a diſhonour to the Nation to be ruled by a woman, and electing Przemyſ…s for their Prince; their depoſition and baniſhment of Prince Borzinegius, becauſe he became a Chriſtian, and renounced their Pagan Religion, though they afterwards twice reſtored him: Of Boleſlaus Rufus, of Borzinogius the 2. thrice depoſed baniſhed by the Nobles and people, or Sobe…ſlaus, and other Princes. Wladiſlaus firſt King of Bohemia in his old age, by the aſſent of the Eſtates aſſociated his ſonne Frederick (Anno 1173) with him in the Regality. Henry King of Bohemia uſing the Councell of the Germans rather then the Bohemians, and looking more after his owne private gaine then the Kingdomes, was depoſed in a generall Aſſembly of the Eſtates Anno 1310. and the ſonne of the Emperour Henry the 7th. choſen King, upon this condition, if he would marry the youngeſt daughter of King Winceſlaus. King Wenceſlaus the drunken, for his drunkenneſſe, negligence and cruelty, was twice impriſoned and ſeverely handled by his Nobles, and upon promiſe of amendment, reſtored to his liberty and dignity: in his and Sigiſmond his ſucceſſors raigns*See Aeneas Silvius Hiſt. Bohem Fox Acts and Monuments vol. 1 p 848. to 852. Pontanus Bohemiae piae, l. 1. 2. Zizca and the Taborites in defence of their Religion againſt the Popiſh party, who moſt unjuſtly againſt their promiſe and ſafe conduct, cauſed John Hus, and Jerome of Prague to be put to death, waged great warres and obtained many victories againſt the King and Emperour, and gained free liberty of profeſſing their religion publickely much againſt the Popes good will; which liberty they have ever ſince maintained by the ſword, both againſt the Popiſh Emperours and Kings, by meanes of which civill wars, the kingdome ſuffered ſome Interregnums. During the Minority of king …c Ladiſlaus, Anno 1439. this kingdome was governed by two Preſidents, appointed by the Eſtates.
iGrimſtons Imperial Hiſt. p. 735.Anno 1611. the Emperour Rodulph being willing to ſettle the kingdome of Bohemia on his Brother Matthias in an aſſembly of the States of Bohemia called for that purpoſe, the Eſtates thereupon drew many Articles which Matthias was to ſweare to, before his Coronation, with 49. Articles of complaints and grievances for which they craved redreſſe: and the inhabitants of Prague required the confirmation of 8. Articles, which concerned the private Government of their City: All which the Emperour and Matthias were conſtrained to Grant and ſweare to, before they would admit Matthias to be their King; who had nothing in a manner but the Title, ſome of the flowers of the liberty of the Crowne, being parted with by his aſſenting to theſe Articles. kGrimſtons Imperiall Hiſt. p. 744. 745.Anno 1617. Matthias reſigning the Crowne of Bohemia, and renouncing his right thereunto, recommended Ferdinand Arch. Duke of Auſtria, to them or his ſucceſſour. The States would not admit him king but upon Conditions, the which if he ſhould infringe, The States ſhould not be bound to yeeld him Obedience. Moreover it was added, That he ſhould confirm: to the States before his Coronation, to maintaine all the Priviledges, Charters, Immunities, Municipall Rights, Conſtitutions and Cuſtomes, of the Realme and people, as the Emperour and his predeceſſors had done, by his Oath, and Charter in Writing. All which aſſented to, he was proclaimed and crowned king. Soone after the Arch-biſhop of Prague cauſing ſome of the Proteſtant Churches to be ruined, and thoſe who complained of it to be put in priſon; and plotting the extirpation of the Proteſtant Religion, through the Ieſuites inſtigation, contrary to their Liberties and the Provinciall conſtitution; hereupon the Proteſtant States of Bohemia aſſembled at Prague, fortified the Towne, binding the three Townes of Prague to them by an Oath; entred into a ſolemne League, promiſing to fight againſt the Common enemies of God, the King and Religion, and in that cauſe to live and dye: to which end they levyed a great Army; baniſhing the Jeſuites out of Bohemia, as the Authors of all the miſeries which had hapned in that Realme, and many other Realmes and States of Chriſtendome, and inciting murderers to kill Kings who would not live after their manner, and medling with affaires of State, and who had drawne the whole Country into the hands of certaine perfidious Catholickes, by whoſe practiſes the Country was in danger of ruine. For which cauſes they baniſhed them for ever out of the Realme of Bohemia, enjoyning them to depart within 8 dayes, never to returne. After this, the Proteſtants hearing that the Emperour and Popiſh party raiſed Forces againſt them, poſſeſſed themſelves of many Townes and places within the Realme, and raiſed two Armies; All the Proteſtant Princes and States of Germany. Morauia and Sileſia (except the Elector of Saxony) aſſiſted them with men, money or Councell, publiſhing a Declaration to juſtifie their action, being for the Common cauſe of Religion, the… endangered. The Prince of Orange and States of the united Provinces promiſed them aſſiſtance of men and money, other Proteſtant Princes and the Proteſtant States of Lower Auſtria, did the like. The Proteſtant Armies after this had many victorious incounters with the Imperialiſts and Popiſh Forces, and took many Towns. King Ferdinand in the meane time, being newly choſen Emperour, the States of Bohemia being aſſembled together at Prague, which the Deputies of the incorporated Provinces, Anno. 1619. Concluded and proteſted by Oath, never to acknowledge Ferdinard for their King who had violated his firſt Covenants; reſolving to proceede to a new Election; and on the 26. of Auguſt Elected Fredericke the Prince Electer Palatine of Reine to be their King; who accepted the dignity, & was afterward Crowned king accordingly. After which the States of Bohemia in ſundry Declarations juſtified their rejection of Ferdinand, their Election of Frederick, and his Title to be juſt and lawfull, with their preceedent and ſubſequent warres in defence of Religion. Yea Fredericke himſelfe by ſundry Declarations maintained his own Title: and the lawfulnes of theſe wars; which paſſages and proceedings being yet freſh in memory, and at large related by Grimſton in hismPage 745. to 250. Imperiall Hiſtory, I ſhall forbear to mention them. By this briefe account, you may eaſily diſcerne the Soveraigne power of the Realm and States of Bohemia over their kings and Princes, moſt of thenPauli Strankii Reſp. Bohem. c. 10. 13. 14, 15. great Offices of which Realme are hereditary, and not diſpoſable by the King, but States who Elect their Kings themſelves, and their greateſt Officers too.