THE PROCEEDINGS OF THE GRISONS, IN THE YEERE 1618.

WHEREIN ARE TRVELY and cleerely laid open the lawfull and vrgent causes of calling an Assembly of the Com­mons: and of their due proceeding and Ho­nourable prosecution of Iustice, which they were enforced to vse against some false and perfidious Patriots, in a full Con­gregation, and with absolute power met together at TOSANA.

IMPRINTED AND PVBLISHED BY Commandement of the Lords the Heads, the Counsailours and Commons of the Three Confe ­derations of the Renowned Free States of the Grisons: in maintenance of the Truth, and remoouing all manner of calummation.

[figure]

ANNO. 1619.

TO THE READER.

HEe that will take an exact Suruey of the known World, beginning at home, and going as farre as Trauell & History can lead him, shall finde few people which are Aborigi­nalls, and first Inhabitants of the Cities or Countries they now possesse: But by settling of Collonies, or In-roads and Inundations of Warre, haue been trans­planted. The Saxons hither: the Cimbrians into France: the Gaules into Italy: the Vandalls into Spaine: the Greekes into the Kingdome of Naples: the Scythians into Turky: the Turks into Greece; And these Gri­sons into this part of the Alpes, anciently called Rhetia, then Canninia; after, the vpper Slesia; and now lastly, in their own Language Growpijndter or Cōfederations.

This Countrey had the name of Rhetus, who sled out of Tuscany from the fury of the Gaules, in the yeere 187. before the comming of Christ, and led with him many of the Inhabitants about Florence, Pisa, and Lucca, sea­ting them in these high & in-accessible Mountaines: And as a few weather-beaten Troians laid the foundation of Great Rome, and some few fugitiue Citizens of Vincen­za, Padoa, and other Townes in Lombardy (fleeing the rage of the barbarous Gothes,) planted themselues in the Adriatick Marishes, where they first began the re­nowned [Page] Venice: So this handfull of Tuscans here plan­ting and settling themselues, are now growne to a warlike, strong, and populous Nation. Such a fruitfull mother of children is Necessity, begotten by old Time their Fa­ther; that (as the mother of Cyrus dreamed) there springs a Vine in her wombe, by which in time whole Countries are ouer-shadowed.

This Countrey lyeth betweene the Degrees 46. and 44. in Latitude: part in Germany, and part in Italy; diui­ded by the Ridge of the Mountaine Splugen: On this side they speake Dutch, on the other, Bergamasque Italian. They haue free exercise of both Religions, Reformed and Romane. Here the Riuers of the Rhein and Tesin haue their heads; that, diuiding it selfe into seuerall Branches, and disemboking into the German Ocean; this other falling into the Po, is carried by him into the Venetian Gulph. It confineth East vpon Tiroll, West vpon the Swisse-Cantons, North vpon Constance, Friburg, and some parts of the House of Austria, and South vpon the Countrey of Bergamo and State of Millan. The hither part is Mountainous, and therefore not so well able to su­staine the Inhabitants; yet are there many fruitfull Val­leys, which, (besides their frugall and parsimonious maner of liuing) supply that want. Among these is Valtelina on the Italian side; for this is so plentifull of Corne, Cattle, Wines, & other fruits, as any part of Europe. The chiefe Townes of this fruitfull Valley, are, Bormio, Sondrio, [Page] Tirano, Posclauio, Morbegno, Traona, and Telo, whereof the Valley takes the name, wherein are aboue 100000. soules. The part on this side hath many Castles and Townes, whereof Coira is the chiefe. It standeth vpon the Riuer Lasgar; it embraced the Christian faith the yeere 448. and in 744. had many priuiledges granted by Charlemain, and the Bishop thereof made Rector of Rhetia: Among other Liberties it hath the coyning of Money, which passeth currant through the whole Country.

The nature and manners of this people may bee read by the Character of the Swisses: For, lying in the same Latitude, and inhabiting the like Mountaines, herein also they are like vnto them. A people giuen to Tillage and Planting their grounds; feeding vpon Butter, Cheese, Fish, Bread, Rootes, Wine, and but small store of Flesh; vsing little Merchandize, but much manifacture, borne to Armes, and brought vp to labour; much addicted to exercise, especially the Harquebuse, hauing in diuers Townes and Villages Prizes for them which doe best. They are also much delighted with hunting in the Moun­taines, of wilde Goates, Bucks, Beares, Wolues, and wilde Boares: holding it a great honour to take of these Beasts, and for a Trophey to naile their heads on their gates; for which also sometime the State rewards them. They are (onely on this side the Countrey) subiect to the Swisse and Dutch fault of excessiue drinking.

Their Countrey is diuided into three Cantons or Con­federations. [Page] The first is called, The Confederation of Ca­dè, or Ca-di-Dio: (that is, Gods House:) the second is, Lega Grisa: and the third, Lega delle Dritture, or Iu­risdictions. Cadi Dio containes the City & Territory of Coira, the Valley of vpper and lower Agnadina, with Bregaglia: Lega Grisa contains the Valley of Mesolce, and Calanca, with the Lands of Rogoret & Musocco, with other Valleys besides, on this side the Ridge of the Mountaines: the Dritture containe the rest of the Coun­trey. The first comprehendeth 21. Comminalties or Cor­porations: the second 19. the third 10.

These three Cantons make the Confederation Generall: for though each of them haue their peculiar Magistrates, Lawes, Customes, and Iustice ciuill and criminall, yet the highest power and last Appeale is to the Senate or Assem­bly of the Three Cantons together: called by them the Pi­bach. Whereunto the first Confederation sends 23. De­puties or Commissioners: the second 28. and the third 14. Where, they propound, consult, and determine onely that, for which they haue direction and command from their seuerall Cantons. To this Senate likewise belongeth to treat and conclude Peace or Warre, to make or reuoke Alliances and Leagues, to establish or abrogate Statutes and Lawes, to determine any difference betweene either of the Cantons, or resolue any businesse concerning the ge­nerall good of the whole Countrey. The places of Assem­bly are these; Coira in the first Confederation: Illian­tum [Page] in the second: and Dauosium in the last. But if the Three Confederations are to treat a Businesse, which they would haue kept secret, there are onely admitted into Councell, the Consull of Coira, the Prouinciall Iudge of the Lega Grisa, and the Amano or chiefe Iustice of the Dritture: yet the voice to confirme all, is that of the People; if there be any Appeale. For controuersies a­mong themselues thus: If a difference arise betweene the Three Confederations, three or foure persons out of each are deputed (with discharge of their Oath to their owne Confederation) to arbitrate and compound the businesse. If two be at difference, the third determines it. If between any of the Comminalties, the Senate of all Three Con­federations ioyntly depute Iudges of the businesse. If be­tweene a priuate man & the Confederations, two or three Iudges are appointed out of euery seuerall Confederation. If two Confederations haue a difference with the third, sixe of the two Confederations, and sixe of the third are chosen for Iudges: and in case these agree not, one onely Iudge is chosen by the voice of all the Commons.

The first League was made betweene the Bishop of Coira, and the Prouinces about him, in the yeere 1441. The next betweene the Abbot of Zizatis, the Count of Mauan, and the Baron of Bezuns, with them of Coira; this was called Lega Grisa, as that former Lega Cadè: after this, the Comminalties of Segouia made League with the two former, and was called Lega delle Drit­ture. [Page] And lastly, in the yeere 1470. they all Colleag [...] ­gether. But in the yeere 1471. hauing difference with their neighbours of Tiroll, they all entred League with seuen Cantons of the Swisse. And lastly, the whole thir­teene Cantons of the Swisse, with these of the Grison Confederation, and the seuen Wards or Sokes of the Va­lesians, ioyned all in League with St. Gallo: which Ci­tie was first founded and inhabited by one Sengall a Scot­tish-man, with other of his Countrey, and after grew to haue large Territories and Priuiledges. Thus all these Cantons Grison and Swisse, with the Valesians and them of St. Gallo, being a great, Warlike, and powerfull Body, stand in the gates of Italy, as firme as the Moun­taines wherein they liue, against any forraine force what­soeuer.

A larger Relation might be made of this People and Countrey: But because a great head holds no Sym­metry with a small Body; this little shall suf­fice to giue light to the ensuing Declaration.

THE PROCEEDING OF THE GRISONS. 1618.

AMONG the mani­fold benefits, and gracious fauours granted vs by God, the libertie of our Church and Com­mō-wealth wher­by we order & go­uerne our owne affaires, is not the least: Be­cause by the lawfull vse and sweet fruition thereof, our Soules & Honours, Bodies and Goods, are freely enioyed and safely preser­ued from all vexation and trouble. Hence is it, that Libertie like a most precious Iewell hath been ouer much endeared and desired of all men.

We therefore the Inhabitants of the anci­ent [Page] and high Rhetia, now called by the name of the three Grison Confederations generall, hauing long enioyed the sweet fruits and be­nefits of the blessings of God, and of his Al­mightie power, manifestly shewed in the re­all fortitude and valour of our religious An­cestors, who for many ages haue possessed and preserued both those liberties. It hath seemed most meet and requisite to vs, the Heads, Counsellors, and Commons of both the free Religions of these our Countries, publikely and priuately to hold the same li­berty much indeared, and highly prized, and as much as in vs lyeth, to continue it among vs, and to our posteritie.

We could well haue wished that these our times had beene such, as we might like our valiant forefathers, haue continued in the an­cient possession of our owne, without any trouble or molestatiō: But as al things of this world are subiect to declination and decay; so also this free State of ours is with time not a little weakened, and the danger thereof so much increased in these our dayes, as it had runne into manifest precipitation and ruine, had not God in his mercy stirred vp the zeale [Page] of our faithfull and good Compatriots to tame and chastise the corrupters of our Go­uernment, and withall to conserue and settle it in the former freedome.

We are therfore willing, for satisfaction of those that desire to know what hath passed, and are rather louers of the truth then ca­lumnies, to giue them this full, substantiall, and true aduertisement and accompt of what hath passed, not onely in the weake­ning of our State, and impayring of our re­putation, but also in the lawfull proceeding and iust punishing of those perfidious ones, for the reestablishment of our Gouernment, and reparation of those Breaches they had made vpon the libertie of our Countrey.

The forme of our Common-wealth is Popular, and the choosing and displacing of the supreme Magistrate, Officers, Iudges, and Commissioners in our free Countries and of our Subiects, standeth meerely in the power of our People, who haue absolute au­thoritie by pluralitie of voices, to establish and abrogate Lawes, Leagues, and Affiances with Princes and forraine States, to make Warre or Peace, and to order and gouerne all [Page] other businesses belonging to the higher and lower Magistrate.

All these Liberties and Priuiledges of ours, some priuate Persons through their great wealth and authoritie, with Pensions, Cor­ruptions, Friendships, and Adherences, haue sought to appropriate vnto themselues, and assume into their owne hands, not once, but diuers times, and in seueral places, and Com­minalties, according as they haue had occa­sion: wherein their practices haue preuailed so farre, as not onely our free Patriots and Subiects, but euen Princes & forrain States, whatsoeuer they desired in our Common-wealth, they were forced to seeke it at their onely hands: towards whom these men v­sed all manner of treacheries, vnfaithfulness, fals-hood, deceit, tyrannie, lewd practices, and violences; and among many other their abuses, they haue brought our Countrey in­to dis-reputation and scandall with all Prin­ces and forraine States, by vnderraking high matters, and making great promises for large summes of money, and after through their perfidious tergiuersation, haue falsely broken their faith, and wrought the multitude som­times [Page] one way, somtimes another, of whose simplicitie they made their vse, and deceit­fully ruled and ledde them to all their pur­poses.

And albeit this wofull estate of our affairs lay couered and hid as vnder a cloud, yet both the wiser fort of men among vs, and the Commons also, made such daily discouery of the badde effects thereof, as they all did much lament their miserable estate, and would most willingly haue remedied so great a mischiefe, by a present reformation & lawfull proceeding: but they found no pos­sible meanes to effect that fruitfully, which they desired so earnestly, by reason of the great and many adherents of these wicked men, and the diffidence and iealousie that the common people had of all men. Here­upon all the true-hearted and honest men of our Countrey, well seeing that our State could not long stand in these disorders, and yet not knowing how to repaire or amend them, they haue sent vp their sighs & pray­ers to God, the true protector of the afflic­ted: who hath now at last heard their wo­full complaint, and shewed them the way [Page] to recouer their deliuery.

And besides those many graue and pru­dent persons of the body Politike, discoue­ring the miserable estate of our Affaires; our Church-men also haue both earnestly and incessantly, priuately and publiquely, called vpon the State for a Reformation, and without any respect or feare of the danger they might incurre, they ioyntly preferred a Bill of Complaint, in the publique Assem­bly held at Tauas in the month of August, 1617. laying open their grieuances before the Three Confederations generall, and the ordinary Magistrate, for these so great and so vnsupportable inconueniences: and after a long commemoration of the present dis­orders and dangers, they modestly and ear­nestly pressed for a speedy and necessary Re­formation.

Whereupon, the Magistrates calling into consideration the importance of the busi­nesse, and other waighty reasons, resolued to propound these gneuances to the Coun­cellers & Comminalties of the People, as to the supreme Magistrate, whom they ought and must obey: And accordingly in a Sy­node [Page] holden in April, 1618. by the Protes­tant Diuines, they drew a Bill (the same in substance with that former) to be offered to the Councellers and Comminalties ouer all their Churches, earnestly requiring and humbly beseeching, that a speedy course might be taken by the States Generall, for remedy of so great an inconuenience, by all the faire wayes and ordinary meanes pos­sible, without tumult or disturbance of the State, for the recouery of their liberty Spi­rituall and Ciuill, and for their freeing from the treacherous Complots, and perfidious Treaties, which some of our men haue en­tertained with diuers Princes, and forraine States: yet so, as not to prouoke these men to indignation, despight, or wicked deliberati­ons, but rather to carry the businesse with such temper and moderation, that as the faithfulnesse & integrity of our fore-fathers is honoured and magnified by vs, so ours to our posterity might be recommended. And though this our endeuours to a milde and quiet proceeding hath beene published and made knowne to the world; yet the chiefe heads of that corruption haue laboured [Page] with all their might, to crosse our deseignes, to turne all to smoake, and to continue in their former practices and violent insolen­cies: Hereupon they of the Clergie haue with more vehemency vrged and pressed in their Sermons for a generall reformation of the State; and that the people would make choyce of some honourable Persons of the Country, such as were vnpassionate, and free from any interest or engagement with other Princes or States; to whom they might lay open the notorious perfidie of some men tyrannising amongst them, as an insolency no longer to be endured, and the principall cause of hindering the intended Reformation.

Into this number, the Adherents and Cly­ents of these treacherous and malicious men, presently intruded, forcing themselues by all possible meanes, to hinder and make frustrate all the good effects by good men desired. Whereupon the people despairing to bring the businesse to any wished yssue by so small a number of persons deputed, and finding that these tyrannisers ouer the State could no wayes be ouer-topped, but [Page] by a greater number, they proceed (not by way of resistance and force) but by plurali­tie of voices, and by exclusion of all sorts of corruptions and false insinuations.

To which purpose the fiue Comminalties of the lower Agnadina lying vnder the Wal­tasna, with those of Munstertal, met together in the end of Iune last, earnestly by their let­ters solliciting all the other Cōminalties and Deputies of the Three Confederations to do the like, and iointly to assist them as a people oppressed and afflicted, their ancient power and authority being wrested from them, and engrossed and vsurped by certaine priuate persons; their voices falsified, their Lawes changed, and their goods daily and vnduly taken from them, vnder pretext of Magi­stracie & Iustice; to the end the new Lawes might be abrogated, their ancient Countrey restored to the former libertie, the Treasures of Princes and States forraine might not bee seazed vpon by priuate persons, without the knowledge and consent of the People; as al­so that Princes might be no more abused and entertained with their false promises, and per­fidious treachery, but that a lawfull and im­partial [Page] Court of Iustice might be established by the whole Countrey, for the punishment of these their transgressions formerly com­mitted, & for the defence of all true-hearted and honest Compatriots.

Vpon these instant intreaties and admoni­tions, there ioined presently with them cer­taine Comminalties of the Iurisdictions, & of the Cade, with Ensignes display de, and a great number of men, namely, they of the higher Agnadina, Pregello, Posclauia, Firste­nau, and Berguno, resoluing to assist their neighbours in the reformation of the pub­like State, and establishing a lawfull and vn­passionate Court of Iustice, against these trai­terous Delinquents to their common coun­try; so that this proceeding might stand with the good liking & approbation of the other Comminalties. While this is in Trea­tie, Rodulphus Planta chiefe head of the tyrannizing faction dwelling at Zernes, in the lower Agna­dina vpon Waltasna, (not­withstanding the safe-conduct which the people granted to him and his Ensignes) by aduice and counsaile of his adherents, forti­fies himselfe with men and munition in his [Page] house, and Tower anciently called Wilden­berg, placing there in Garrison and in the streets of Zernes 600. of his men, all good souldiers, taking an oath of them to defend him, to keepe the passages, throwe downe the Bridges, and to make open and hostile warre against the Confederats and his neere neighbours. He hath also demanded milita­rie succours from others, thereby to drawe a ciuill Warre vpon his owne Countrey: but they of Cade comming to assaile his house, and hee doubting lest his men might be for­ced to render vp the Place and him in it, as not being able to make head against so great a power of the Confederates, perceiuing al­so that his taking of armes in such hostile manner had greatly incensed them against him, one morning very early with some few of his trustiest followers he escaped and fledde.

Shortly after, the house was assaulted, and that which in the first furie was not spoiled and consumed, was taken by Inuentory, and carefully preserued. Meane while the other Comminalties of the Three Confederations deputed their chiefe officers in Agnadina, [Page] who in their Assembly resolued to send them an Embassage of certaine graue per­sons both Spirituall & Temporall, with offer to ioyne with them, to reforme the Right & Iustice in the whole State, so that they would lay downe armes and dismisse those troupes. But receiuing answere, that the power and Adherents of the offenders was so great, as that without more assistance it was vnpossi­ble to effect what they had propoūded, they gaue them good acceptance, & all the Com­minalties of the Countrey laid downe their Ensignes, & vnited themselues vnto them. First in Coira, and then in Tosana, a village in the Grison Confederation; where, in the Common Councell for the reestablishing of our State and gouernment, they haue reui­ued certaine ancient and laudable Prouinci­all Lawes, and made other new, vpon oc­casions of these late transgressions (but with all good temper and moderation) whereun­to they also that staide at home, haue giuen their free consent: the substance whereof is as followeth.

That both the Religions, Reformed & Ca­tholique, in all our Countreys and Iurisdicti­ons [Page] shall haue their free exercise, and euery Countrey be iointly defended by all the rest in the Religion it professeth.

That in all our Countreys euery Confede­ration, Comminaltie, Iurisdiction, Persons priuate, Nobles, and common People, shall be maintained in their Priuiledges, Liberties, Customes, Honours, and goods, and shall be content in euery controuersie and suite of Law with one indifferent and vnpassionate Iudgement.

That our subiects shall be gouerned with Equitie and Iustice, & not fall into the lawes of rauening Wolues, as heretofore diuers times hath hapned.

That the Exchequer of euery seueral Com­minaltie be from henceforth more faithful­ly looked vnto then formerly, and that it be not permitted to priuate men, to embezell and exhaust the Publike Treasure.

That no priuate person presume hence­forward, to treat with Princes and forraine States in matters of publike affaire, without especiall commandement, vnder paine of Death: but yet, that all Leagues and Intel­ligences formerly made by order of our [Page] Law, shall be faithfully and really obserued.

And that faithfull and good neighbour­hood be kept with the borderers and consi­ners vpon all our States, &c. with other par­ticularities more at large.

Hereupon was established a Court of Iu­stice, consisting of most godly, religious, and vpright men, not Partialists nor engaged by oath or particular gifts to any Prince or States whatsoeuer. In which Court euery Confederation hath appointed two & twen­tie Iudges, nine Inquisitors, two Informers, one Secretarie, and two Clarkes. And be­cause it hath hitherto alwaies appeared, that our people haue been kept in better awe and order by the authoritie of Spirituall men, it was thought sitte that nine of the Clergy should be alwaies Assistants in the Court, ex­cept it be when Sentence is to bee giuen. All which Iudges are bound by solemne oath, to discouer such, as contrarie to our Law would treate with them, and especially to re­gard no corruptions, bribes, friendships, en­mities, factions, adherences, & the like, which might turne them from doing right: but onely to set before their eyes the glory of [Page] God, the safetie of our Countrey, and the due administration of Iustice.

The People being therefore met together, diuers suspected persons were committed to prison, and many other conscious of their own guiltinesse and perfidie, stole away and fledde the Countrey.

Among the Prisoners, the chiefe was Iohn Battista de Prouosti, commonly called Zam­bra, dwelling in the vpper Vespranela Brega­glia, who both by the confession of some already executed, by the testimony of diuers others, & by his own hand-writing, vvas cō ­uicted to haue counsailed & helped with o­ther his adherēts, that Fort Fuentes should be built vpon the confines of the Grisons, and that the foundation being laid, & the Three Confederations resoluing by armes to hin­der the worke, as a thing contrary to the ac­cord made with Millan 1531. and to their li­berties, & priuiledges, he stayed the people being now ready in armes, with his false and perfidious pretences; and meane while wrote to the State of Millan to goe on with the worke, the enemie forces being diuerted that would haue hindred the proceeding.

[Page] That before and after this, he had many priuiledges for transportation from the State of Millan, and many notable summes of money, not onely for the causes aforesaid, but also for perswading the people to a Ca­pitulation with Millan, as a thing profitable and necessarie, which notwithstanding had turned to our great preiudice and danger, not considering that hee had receiued from an Embassadour of another Prince two hun­dred crowns by way of Denotiue, and seuen­ty foure of annuall pension, with promise to disswade our people from the said Capitula­tion, & to hinder it (albeit at other times) the said Zambra and other perfidious persons haue receiued great summes of money of diuers Princes, vpon promise to worke their ends, by our Countries preiudice, and after hath most shamefully deceiued them, and perfidiously broken both his word and faith giuen them.

But when as Zambra had obstinately and impudently denied both his own hand-wri­ting, the confession of others, and the testi­monie of diuers honourable Persons, he was by the Court condemned to take the Strap­pata, [Page] and beeing onely pulled vp without weight, at his letting down, freely confessed all the circumstances aforesaid, and that Ro­dulphus Planta, with others now dead, had beene authours of the counsaile for the said Fort Fuentes, during the time of the assem­bly of the Confederates in Tauas 1603. to constraine our people by this meanes (as he said) to hasten the League with Millan, euen as themselues pleased, which league the said Planta hath laboured to bee concluded and confirmed. And moreouer, besides his many Liberties and Licences for transpor­ting Commodities, hee receiued from Mil­lan at one time foure hundred Hungars, with promise of a gold chaine if the practice went forwards, besides many goodly Donatiues for all his house: as also, that he wrote to the Marquis of Como, aduertising him, that the powerfull resistance of the Enemy (mea­ning those of our Confederates) was now diuerted, and therefore hee should not faile to finish the Fabrike of the said Fort. And lastly, that hee resolued to conclude the League betweene Millan and fiue Commi­nalties only, who were deceiued and abused [Page] by him (with false corruptions and many faire promises) although none of the rest en­tertained or accepted it, not considering that our common Countrey is bound by conti­nuall and interchangeable obligation, not to accept any into their League, without the knowledge and consent of the Maior part of the Three Confederations; All this with other things hee hath confessed, which is needlesse to remember.

Whereupon Sentence was pronounced a­gainst him by the Court, vpon the 22. of August last past, that according to the Lawes hee should bee beheaded and quartered by the common hangman, as a notorious Traitour to his Countrey: And that all his goods should be confiscate to the common Exchequer of the Three Confederations; saue onely those allotted for paiment of his debts, and his wiues portion. It was further adiudged, that his house should be demolish­ed and razed downe to the ground, and in the place thereof two Pillars set vp, for a perpetuall memory and detestation of his fact. But after Sentence giuen, great suite was made for him both by the Clergy and Laity, [Page] that in respect of his yeeres beeing seuentie foure, and of his nine Children, and many Kinsfolke, he might onely be beheaded, lea­uing it free to the Companies of Souldiours and common people, whether to pull down his house or no.

Answerable to this, & much more guiltie were found the two Brothers, Rodulphus, & Pompeius Planta, who to drayne the wealth from our Countrey, and draw it into their owne hands, as also the chiefe Magistracie and gouernment therof, they haue by a co­partcinory infeoffed themselues in the Lands, and intruded themselues into the Tutelage of all our great Widowes and Or­phans. The Marriages of great persons were wholly at their disposing, by meanes wher­of they procured great power and adheren­cie, ruling and commanding not onely the Subiects of Valtelina, but euen the Prouinci­als themselues, at their owne pleasure; nay, they tyrannously oppressed their own Con­federates and free neighbours, violently en­tring vpon their Estates, vnder colour and pretext of Iustice, not sparing the liues of Laytie or Clergy, and receiuing large gifts [Page] of Princes and neighbour States, promising much, and performing little or nothing.

Vpon the 18. of August a Processe was framed against Pompeius Planta of Zernes, dwelling at Paschale in Donlesch, who long before the Sētence was fled his Country: for that it clearely appeared by his owne hand­writings, & by Letters of his Brother Rodul­phus, and diuers witnesses, that the said Pom­peius had vsurped vpon the libertie of his Country, & like a false Traitour had had se­cret practice with forraine Princes, by which the Commonwealth was brought into emi­nent losse, & imminent precipitation. More­ouer, that hee had vsurped the supreme Ma­gistracie in his owne Lieutenancy of Forste­nau, which hee procured of the Bishop of Coira for terme of thirtie yeeres, contrarie to the Law and custome of the Countrey, ta­king bonds of other Officers preferred by him to like places of Magistracie, not to vn­dertake or conclude any businesse of im­portance without his knowledge, or of his Brother. Hee hath vvith the money of for­raine Princes, placed all such in the supreme gouernments of their common Countrey, [Page] as stood affected and addicted to them, and of vvhom they might serue themselues in all occurrences, at their owne will & plea­sure, as appeares (among others) in Lucio da Monte, to vvhom he gaue at one time two thousand Florens of forraine Princes mo­ney, and helped him to distribute them, that by this meanes hee might the more easily obtaine the office of supreme Iudge Prouin­ciall of the Grison Confederation, without disbursing one pennie of his owne, as by his Letter to the said Pompeius appeareth: wher­by he was forced to execute his office at the beck and command of Pompeius, that euery businesse might vvholly depend vpon him, might passe after his humour, and bee done out of his head, and not according to the ancient Liberty of our Countrey.

He hath boldly coozened and abused such Princes and forraine States as gaue him a­ny trust: For once he was Broker for Mon­sieur Pasquale the French Embassadour, to receiue & distribute six thousand Crownes, to be employed, that the League wee had contracted vvith Venice, might bee re­nounced by vs, before the full date [Page] were expired.

In consideration whereof hee receiued a great present to his owne proper vse and be­hoofe, besides three hundred Crownes in Donatiue, and two hundred Frankes of an­nuall pension, vvhich he thought too little, as appeares by a Letter of one of his Adhe­rents, bearing date 12 Iuly 1612. Yet contra­rily, hee vvrites to his Brother Rodulphus, and giues him Counsell to promise the State of Venice, that if they vvould grant him a Collonels place vvith 500. Crownes of yeerely pension, both in time of Warre and Peace, vvith some honourable presents be­sides, that then hee vvould secretly further their demaunds: and toward France, Mil­lan, and Austria, he vvould seele vp one of his eyes, (such are the very expresse words of his Letter) vvherein he further signifies, that in case his brother vvere not satisfied with the command of a French company, and that their falshood and double dealing were discouered, that then hee vvould fall from France, vnder colour of more vrgent rea­sons, the better to palliate his falshood, and excuse himselfe to neighbour Princes. In [Page] which Letter also we find these very words; Monsieur Gueffier the French Embassadour here resident, would willingly there were a diui­sion and sedition among vs, and that wee should earnestly labour Maximilian Mora the Milla­nese Secretarie, that they would refuse vs inter­course and commerce with them of that State: but I thinke he doth it to spare his Crownes, that we might be wholly at his deuotion, & bound to no body else: as though that passage were only in the power of the French.

In another of his to his Brother, bearing date the 15. of April 1616. hee writes thus: That cōcerning the Leauy of Souldiers here by the Venetians, he meant to giue his cōsent and assistance; but with condition, that Signor Padauino should performe what hee had promised, (that is, large Donatiues) and though his Brother held still his French Cō ­pany, yet he would doe his vttermost for the Venetians without any danger; writing also in these vvords: They cannot so easily fall vp­on vs, we haue (God be praised) more Souldi­ours strangers then they: as for the French, I esteeme them lesse and also worse, for they can­not so easily piece their businesse with the Vene­tians, [Page] and these men euer grow vpon vs. Lord God! who knowes what will become of the bu­sinesse? We must put it to the venture: and yet for conclusion, I am fully resolued in spite of the French, to act somewhat for mine owne best aduantage. Moreouer, in the said Letter wee finde these words: I haue been ill at ease these two daies, else had I aduised the French-man, vpon whom I will haue an eye that hee shall not betray vs; we shall not need many words, but doe that which is requisite. And yet the better to hide his secret practices, he hath written to the neighbor Princes, suggesting vnto them the meanes (as appeares by his Letter) how they might hinder the League the Veneti­ans demanded of vs in time of their Warres, that it might take no effect: and albeit hee hath euer made faire shewe to the Venetian Commonwealth, yet hee hath wrought our people with mony and other meanes, to stop their passage through our Country, to ioyne in League with the Millanese, and to make him absolute Master of all our passages, ac­cording to the intolerable Articles of the League propounded to vs by Millan.

Hee bound himselfe by strict Oath to the [Page] Arch-Dukes Highnesse of Inspruch, vpon receiuing a great Lordship to be held in Fee of him, as appeares by that Princes Letters of the 29. of Nouember 1613. the 26. of Ianuary 1615. and the 15. of October 1615. to be al­waies faithfull to his Highnesse as his Coun­cellor and Vassall, and to supply him with Souldiours at his demaund, against all his enemies, wheresoeuer, howsoeuer, and whensoeuer he should haue occasion. And yet on the other side hee greatly mis-prized and vilified the authoritie of that Prince in a Letter of his to his Brother Rodulphus, bea­ring date the 15. of April 1616. and counsai­led him against Iustice and the Prerogatiue of that Prince in Agnadina, but withall, that the businesse might be cautelously and cun­ningly carried.

Afterwards hee solemnely protested by Oath in the publike Assēbly at Tauas 1617. that he was not (effectiuely) bound to any forraine Prince or State: and yet without regard of his Oath, wherby as a person now placed in Authoritie he stood bound, nor hauing respect to his own Honour, or repu­tation of our common Countrey, he disco­uered [Page] to his Highnesse whatsoeuer was con­cluded in our Councell, suggesting to that Prince, that he should terrifie vs with threats, in case wee vndertooke the Treatie of a League with Venice; and protesting, that if we receiued any hurt thereby, the blame should lye vpon none but ourselues, as ap­peares by the Contents of his Letter dated the 10. of May 1615. and of his answer from Inspruch the 25. of the same moneth.

He perswaded also his Highnesse, that he would earnestly sollicite the Three Confe­derations Generall, both by Letter and other meanes, that the Inhabitants of Tauas who haue many priuiledges, might become his Subiects; as appeares by his Letter of they. of August 1614. Hee braggeth in another of his to his Brother, that hee had intercepted some Letters of forrain Princes addressed to the Confederations Generall: and because his practices succeeded oft-times to his wish, his Brother and he vainely thought them­selues so powerfull, as they might doe what they list in their Countrey: the reason was, for that in all occasions of conuenting the Three Confederations Generall together, [Page] they stil ouerswayed the Councels & Iudge­ments vvith their pluralitie of voices, great Clientele, and Adherence, &c. But as the children of darknesse are wise in their gene­ration, so these Brothers had prouidently complotted, that in case their perfidious trea­cheries were discouered, they would then retyre themselues into Valtelina, where their chiefest friends and dependants were, or else some other-where to fortifie and arme themselues, and so make a Ciuill warre vpon their natiue Countrey, as Pompeius had for­merly threatened: who beeing aduertised that the Clergy would oppose his desseignes, (and especially the Spanish League he inten­ded) he audaciously answered amongst other his insolent speeches, Let them looke to them­selues, lest they runne the like fortune that Zuinglius did in the warre of Zurich.

Hee therefore hauing committed these and many other heinous crimes, and hauing brought his Countrey into great troubles in it selfe, and great dis-reputation and dis­grace with other Princes, through his teme­rarious perfidie; after many Citations by forme of Iustice and Law, hee was vpon his [Page] contumacie banished for life frō the Three Confederations Generall, with a Fine and Donatiue of a thousand Crownes to him that should bring him aliue into the hands of Iustice; and fiue hundred Crownes out of the publike Treasurie to him that should bring in his head. And in case he were taken in any of our Countreys or Iurisdictions, that without further Processe hee should be executed by the common Hangman, & his quarters to be set vp vpon the high vvayes; his house to be razed, and two Pillars of in­famy set vp in the place; his goods confis­cate to the Exchequer of the Three Confe­derations Generall, and no man vpon paine of death euer to speake or treat for his Par­don: whosoeuer should lodge him, to for­feit a thousand Crownes, and to be banished (as he is) for life: and if any of our Commi­nalties should harbour him, to bee excluded (as perfidious) out of the Letters Patents of the Confederation.

Vpon the 26. of August, another Processe was framed against Rod [...]lphus Planta of Zer­nes, Captaine of the Prouince of Val [...]eli [...], and criminall Iudge in Zernes aforesaid and [Page] the neighbour Comminalties; Captaine likewise of a Band of the Confederates for the French Kings seruice. Against this man it was prooued by seuerall Processes, Confessions, Testimonies, Writings, and me­morials of his own and his Brothers, as also by Letters of other his Adherents, that hee had by many and strange practices brought the whole power of the Supreme Magistrate of the Three Confederations into his owne hands, vsing it with much tyrannie against both publique and priuate persons, and false­ly practising as well against our own Coun­treymen, as against Princes and forraine States: He hath treacherously betrayed his Countrey through his perfidious auarice, as also all others that trusted him; bringing vs all into discredit and displeasure with other States, and thereby hath beene the cause of many Deliberations most preiudiciall and pernicious vnto vs.

He hath intruded into the Magistrats place and power after this manner: His Highnes of Inspruch hath some priuiledge in choo­sing the criminall Iudge of the lower Agna­dina euery St. Georges day, with the will and [Page] consent of the common people. By this meanes and that Princes fauour, Pl [...] hath beene chosen Iudge diuers yeeres together: which time being expired, hee hath sought no renewing or confirmation by the whole Bench of Iustice, but hath boldly vsurped the power, as if it had beene his owne by in­heritance or purchase. Moreouer, of his own mee [...]e Authoritie hee hath arrogated the de­cision of ciuill or criminall causes, by choo­sing those for Iudges that were for his pur­pose, and he that would not be pliable to his will, and submit himselfe to [...] Tyrannie, was instantly cassed, and another more obe­dient to his pleasure chosen: whereby hee hath brought the Supreme power of the Magistrate to be at his deuotion and dispo­sition without any contradiction, in all pla­ces as farre as their whole Iurisdiction exten­deth.

He hath also preferred others to places of gouernment, especially such as could ad­uance any Creature and Adherent of his to the Supreme Magistracie, b [...] yet with con­dition, that neither he nor they should con­clude any thing of importance, without his [Page] aduice and counsaile; but should carry the businesse by his direction onely, a­gainst the libertie of our common Country. According to which complot he hath taken into his protection in his Castle of Coira, Iohn Bishop of that place, before he had ob­tained his Libertie or Pardon: a man who for his treacherie to his Countrey and other offences, had been banished from the Three Confederations Generall, by a lawfull and vnpassionate iudgement of both the Religi­ons: which the said Planta hath done, to haue the Bishop euer ready at his will and command for the appointing of any Offi­cers (chiefly within the precincts of Cadè:) In consideration whereof, the said Bishop granted to Pompeius Planta the Lieutenancy of Forstenau for thirtie yeeres: where, as chiefe in the Bishops name, hee hath power to appoint three Burgomasters; and so hath he dealt with the yong Lord of Rasiuz, and many other.

He hath also obtained of diuers great Fa­milies, that when they shall haue any suites in Law depending in their Comminalties, hee onely may haue the decision of their [Page] controuersies, gaining power by that means to establish in the Office that man whom he shall preferre: and these few yeeres last past, some Gentlemen of good qualitie in the vp­per Agnadina, desirous to enioy their Liber­ties and custome of free Election, he vvith his false and wicked practices so handled the matter, as none but his owne Depen­dents were chosen to any Offices: and see­king in the disposition of other Charges also, to infringe the strength of pluralitie of voices, he hath beene the cause of sixe mens death, besides the endangering of many Iudges liues by force of Armes.

And knowing that Monsieur Pasquale was at that time in great credit and power with vs, he secretly contracted with him, as appeares by a Letter of his Brother, and an­other of one of his Adherents, bearing date the 22. of February 1611. and the 11. of Ia­nuary 1612. and by a Letter of Monsiour Pasquales owne hand: vvhich Letter stood Planta in good steade, and serued fitly his purpose; for hauing got strict Intelligence vvith the Embassadour, euery one that desi­red a Pension, vvas forced to receiue it [Page] through Planta's hands; by vvhich meanes he got of the Embassadour large summes of money, new pensions, and augmentation of the old, as shall more amply be related in the summing vp of his practices.

Moreouer, he hath much increased his Authoritie by meanes of Marriages; for be­ing in great reputation and power with his kindred and Adherents, they ranne all to him in businesse of greatest importance: & if they bound themselues to stand whol­ly to his direction, they got what they de­sired, else not.

He hath alwaies kept Spies and Informers both at home and abroad, to vnderstand the deliberations of those hee suspected: and finding them vpon information contrarie to his deseignes, hee vvould first seeke to winne them; if not, he would prosecute and pursue them to their vttermost ruine. And to make himselfe yet more powerful, he would falsifie and corrupt the Statutes and Lawes of the Countrey within his Iurisdiction, en­larging or restraining them to his best ad­uantage.

With these and the like sleights these [Page] thirtie fiue yeeres together, hee is growne so great, as for a long time hee hath engrossed into his hands all the important businesse of our Subiects, whom hee hath bound to him by diuers presents and bribes, to elect his creatures & Dependents into the Offices of seuerall Comminalties: by whom hee might after serue his owne turne to infringe the Lawes, to stirre vp tumults against ho­nest men, and to gouerne all at his owne pleasure; vsing this his power with much ty­rannie against all sorts of people both Spiri­tuall and Temporall.

Hee hath most insolently vsurped vpon the Iurisdictions of the Comminalties, de­priuing them of their Liberties, and forcing them to depend wholly at his deuotion in the choise of their Magistrates, not daring to speake or aduise any thing against him, for feare of losing his fauour; but they all ranne as he would haue them.

He hath too rigorously condemned poore men of the Countrey for very small faults, and then compounded with them for no small gifts and bribes, without the know­ledge or consent of the Court: wherevnto [Page] the poore men were enforced to auoid his tyrannous persecution, and were bound by Oath not to complaine or once speake of the wrong he had done them: whereof we haue here set downe some few particulars among many hundreds; and these they be:

A man beeing fledde vpon a certaine cryme committed, and dead in the Moun­taines; Planta forceth the poore heyres of the dead man to pay two hundred and six­tie Florens for his escape: contrary to the Lawes of the Countrey, which condemne a man only in ten Florens for his flight: which Fine is also to be payed to the whole Court, not to the criminall Iudge alone.

If at any time an offender endited and conuicted, had accused another of some small crime, he would not discouer the eui­dence, nor call the partie in question, till af­ter the execution of the Accuser: And though the partie accused knew not whe­ther he vvere indeed charged by that other, or that it vvas a thing of Planta's owne for­ging, and much complained that hee vvas not called to his answere vvhile the Accu­ser liued: yet was hee forced to compound [Page] vvith him for round summes of Money, to auoid his indignation, and vniust persecu­tion.

Two men confessed vpon the Torture, that they had stolne a certaine quantitie of Wheate from a neighbour of theirs: the man hearing of their confession, said hee knew of none he had lost: for vvhich word alone, Planta fined him secretly at fortie Crownes, threatning, that if he paid not the money, he would cast him in prison, and put him to Torture, to confesse whether he lost any wheate or no.

Vpon a time he sending his Warrant for one accused, to appeare before him at Zer­nes, he demanded a horse of a woman for that seruice, to send him backe to prison, whose Husband vvas gone to the wood with him: Planta seemes offended that the horse could not bee had: the poore Wife sends presently to her Husband, to make vvhat haste he could with his Horse from the wood: the good-man, though he came home presently after the Iudge and the pri­soner vvere departed, and made haste after them to offer them his Horse, he had answer, [Page] that now they had got another to serue their turne: all this notwithstanding, Planta fi­ned the poore man in fiue and twentie Crownes, because hee had not offered his Horse before he vvent to the wood.

Two men being in suite for a matter not aboue halfe a Crowne, one gaue in eui­dence: Planta presently laid to his charge that he had giuen false vvitnesse; threatning him the Torture, and that he would plucke out his tongue by the rootes. Hereat the poore man was so much affrighted, as hee promised Planta a secret Donatiue of two hundred Crownes to bee leauied vpon his Lands, and was afterward forced to disen­gage them of that morgage with a hundred and twenty Hungars, besides threescore Crownes Fine for the accusation, and fifty more for charges of the Court.

Foure free men of the Confederation, bringing from Chiauenna into Finscouia some loades of Rice vpon their own horses, and passing through the lower Agnadina, bartring their Rice for Wheat, they returned with their said loading and Merchandize through Zernes: Planta presently charged [Page] them by his cruell practice to make their market, and vent their commoditie in the vpper Agnadina, or else they should bee fi­ned for vsing their owne horses, and not those of his neighbours: who refusing to satisfie him herein, they were fined at a hun­dred Florens.

One said to a neighbour of his, that if hee had paid Planta the money hee ought him, he would not owe him the putting off of his cap: he was for these words onely, fined in an hundred Crownes.

He plotted that strange stratageme in the vpper Agnadina, where he incensed two ger­mane brothers one against the other: and that side which hee abbetted hauing the vvorse, he sent to his aide two hundred and fiftie men, to obtaine that by vnlawfull waies and open violence, which hee could not compasse by corruptions, promises, and menaces: By which tumult hee was the oc­casion of six honourable mens death, be­sides many other sore wounded.

Hee hath also beene an Assassinate and bloud-sucker of the Clergie: for a Priest of Monstertall seeing his perfidious practices, [Page] and speaking somewhat freely of them, hee so persecuted the man vvith his calumniati­ons, as at length he caused him to dye by the hand of Iustice.

Likewise, they of the reformed Clergie opposing the Capitulations of the League propounded betweene our Confederations and the house of Millan, in the yeere 1617. and publiquely reprouing diuers other dis­orders, some of them hee persecuted vvith his criminall Authoritie; others he laboured to remooue from their Ministerie; some hee violently set vpon in his owne person; some he imprisoned and threatned to doe worse vnto them; vpon others his seruants bent their Pistols, and Harquebusies charged, me­nacing to kill them: Hee hath fined diuers men for speaking well of their Doctors and Ministers. Finally, the perfidie and falshood of his notorious practices is vnspeakeable: for many times hee takes bribes to the summe of a thousand Florens and more be­tweene both parties in difference, and in the end shamefully deceiues the one and the other.

To defend a Traitour and saue him [Page] harmelesse from danger of the Law, hee tooke a bribe of a thousand and fiue hun­dred Crownes. In another case of difference, he tooke seuen hundred & eightie Crownes of one partie, and a thousand of the other, and then failed them both. In a difference of suite depending betweene two Comminal­ties, hee tooke foure hundred Crownes a­piece, and effected nothing for either.

His treacherous practices against his Countrey cannot sufficiently be related, as appeareth by vvhat hath beene said, and by his indeuours at all times to make himselfe Lord of the Gouernment: as likewise ap­peareth by the Processe of Zambra, and o­ther actions of his owne, vvhich tended to fauour and further the treacherous capitula­tion vvith the house of Millan, to depriue vs of our Priuiledges and Iurisdictions, and to enthrall vs vnder the power of forraine Princes. Among other meanes he hath vsed, hee hath also serued his turne of these which follow:

The yeare 1603. he complotted with Iohn Battista Zambra, to further or rather enforce a League aboue and against all other intelli­gences [Page] and Leagues wee had formerly con­tracted, labouring that the Fort Fuentes might be built, and withholding our people from hindring the proceeding of the said vvorke. And the Three Confederations Generall in the yeere 1606. being truely en­formed that all their secrets of State vvere discouered to forraine Princes, they establi­shed a Priuy Councell of fifteene men, to the intent that all their Deliberations might bee entrusted to secret Confidence: whereupon Planta and his Complices being so debarred from the knowledge of any thing, raised that dangerous tumult in the yeere 1607.

Iohn-Peter Mora da Piur, hath also con­fessed Planta's Treason touching the Fort, and that he was moued by him and wonne by his subtill sleights, corruptions, and Do­natiues, to the calling back of his forces, as by Planta's Letter to his Brother Pompeius appeareth, and by Letters of other his Adhe­rents dated the 3. of October 1604.

In the yeere 1610. to our great losse and griefe, the French King Henry the fourth was murthered, after whose death, Monsieur Pasquale the French Embassadour resident [Page] with vs, sent a secret dispatch to Millan in the yeere 1611. to treat with Signor Alphonso Casale, Embassadour in Switzerland for the King of Spain, that he would cause a League or new intelligence to be made between the State of Millan, and the Three Confedera­tions Generall: and to the intent the said Treatie might not bee hindred, the said French Embassadour and Captaine Planta beeing both agreed vpon the businesse (though the French Kings were alwaies a­gainst it) hee gaue Planta sixe thousand Crownes of gold, and two thousand and fiue hundred Frankes of yeerely pension, to be distributed as he thought good, without being bound to make any account, that hee and his Adherents would help to breake the League with Venice, which was contrarie to the Treatie betweene Millan and vs: as ap­peares by the Letters of Pompeius and his Adherents in the yeere 1612. and by a Me­moriall written with Captaine Planta's own hand.

The renunciation of the League between the State of Venice and vs beeing procured and bought by money, Planta presently [Page] drawes out some Articles of the League of Zuz: Wherein some Comminalties dwel­ling vpon the Passages, are bound not to grant passage to any whatsoeuer through our Countries, that all friendship and aide of ours towards the Venetians might be bro­ken. And the said Casale hauing in the yeere 1617. required a League with vs, and free passage, in name of the house of Mil­lan, they which were authors of the League of Zuz, and of the deniall of passage to the Souldiers of forraine States, were the first that granted the King of Spaine free passage for his Forces, through all our Countreys and vpon all occasions, contrary to what they had formerly concluded: So that the falshood of Planta and his Adherents dou­bly appeared.

Against these Treaties of Planta and o­ther his Complices, diuers good Patriots both of the Clergie and Laitie so earnestly laboured, as they were by no meanes accep­ted: herevpon Planta much enraged, thought vpon a speedy and liuely reuenge, beginning to prosecute those of most honestie and re­putation, farre more then formerly hee had [Page] done, and stirring them of the vpper Agna­dina to tumult, hee made them rise in Armes with Ensignes displayed, to thrust violently Signor Padauino out of our Countrey, vvho had retyred himselfe before their comming: he hath also conuented the people together, brought thither by his Adherents and Ser­uants, framing diuers barbarous Articles, and constraining all men to obserue them.

The second of which Articles was this: That no Church-man of any Comminaltie should dare to speake or giue his voice in a­ny businesse concerning the Countrey: though this be lawfull to euery free man of our State, be he neuer so poore and base: and this he did, because in all his machinations and plots, hee neuer found stiffer resistance then from the Clergie. Moreouer, they haue had diuers and sundry consultations vvith Maximilian Mora to put them to si­lence, and stop their mouthes altogether: and lastly, they haue found it fit to forbid them by a generall Law, not to meddle with matters of State, or the good of their common Countrey, or to bee informers of the present corruptions. So much the Di­uell [Page] hath blinded their eyes, that they nei­ther can, nor vvill see or suffer the whole­some admonition of faithfull Subiects.

They haue also settled a Court of Iustice, the decrees whereof (by confession of some of the Iudges themselues) were wholly ma­naged and dispatched by the aduice and in­formation of the two Brothers onely. Iud­ges also were chosen, such as stood partially affected to forraine Princes, of whose libe­ralitie they had bountifully tasted: who al­so were bound by Oath to defend the Bi­shop of Coira, against our Prouinciall lawes, to which they were sworne: vvhich they did by many indirect waies, and by the pro­curement of the inwardest friends to the Planta's, who by their bad proceedings haue deceiued many honest men, and di­uers honourable Comminalties, with their large summes of money.

More especially, they haue persecuted the said Clergie, calling them to appeare before them, and charging them not to meddle, or once speake in the Spanish businesse, fi­ning some of them in grosse summes for ha­uing spoken too much: and among the rest, [Page] they brought one Preacher by force from his house in Coira, without any cause but meere malice; threatening imprisonment, and death, or banishment to others.

On the other side, they haue offered to maintaine the Bishop of Coira with strong hand: who (as is aforesaid) had beene banished by Proclamation out of the Three Confederations Generall, and hath lately beene charged by forme of Law with ma­ny notorious crimes: and not regarding his manifold transgressions, they haue con­sented to his escape out of the Countrey, and granted free passage for his goods af­ter him.

These tumults Planta hath not onely cau­sed, as is manifest by many vvitnesses Vi­ua voce, but he hath also granted transpor­tation of Commodities, without know­ledge of the State, in a time when the passa­ges were shut, and commerce forbidden be­tweene vs and Millan: though at the same time his Brother Pompeius wrote to him, that Monsieur Gueffier the French Embassa­dour had importuned Maximilian Mora, to desire the stopping of the passage and enter­course, [Page] alledging, that he desired a commo­tion and sedition among vs.

And now this present yeere 1618. some of our Comminalties rising in Armes to re­medy this mischiefe, hee presently bound by Oath the men of his Circuit to demand aide of others, thereby to mooue a Ciuill warre, that the common people butchering one another, he might subdue the stronger part remaining, and so make himselfe vni­uersall and absolute Lord of all the Coun­trey. But foreseeing that this plot vvould faile him, and doubting that hee should be cited to answere the Law for his notorious mis-demeanours, he presently fled: vpon his flight, he was according to custome di­uers times summoned, and neuer appeared. Seeing therefore he hath vsurped the chiefe Authoritie of our Countrey, as to giue and abolish Lawes, to make and renounce Leagues, to create and depose Magistrates, to dispose of Warre and Peace, and hath vsed this his power with all manner of per­fidie, deceit, violence, tyrannie, and Trea­son; he hath beene by the Law and Iustice of our Countrey, condemned to perpetuall [Page] banishment from all the Three Confedera­tions Generall, and left free to the Birds of the ayre: with a reward and Fee of a thou­sand Crownes to him shall bring him aliue into our Countrey, and to him shall bring in his head fiue hundred Crownes; besides his freeing from the Proclamation, if hee stand banished for any other offence, but Treason against the State, or wilfull mur­ther: which money shall be paid out of the Common Treasury: And in case he be ap­prehended in our Country, or yeeld himselfe into the hands of the Three Confederations Generall, that then the Magistrate shall call a Court of Iustice of the Three Confedera­tions, and without any farther Processe shall order, that he be forthwith executed and quartered by the common Hangman, and his quarters to be set vp in the common high waies: all his goods to be confiscate to the Chamber of the common Treasurie, sauing the dowrie of his wife, and the paiment of his cleere debts; his house to be razed, and two pillars set vp in the place, to his perpetu­all infamy: and that Comminaltie which shall refuse to execute this Sentence, and [Page] shall succour him with meate, drinke or lodging, shall forfeit their Right in the Con­federation, and besides, for euery such of­fence shall be fined in a thousand Crownes: and if he be a priuate person, he shall be de­priued of his honours, and forfeit a thousand Crownes: but he that is not worth so much in goods or lands, shall forfeit his life: and lastly, if any speake of his Pardon, write to him, or talke with him, or shall receiue or reade his Letters, shall likewise lose his life.

In this Interim, vpon the 22. of August, Ni­colo Rusca da Lugano, Arch-priest of Sondrio in Valtelina, was accused, who formerly had beene imprisoned by the People, for hauing conspired with Iohn-Paolo Quadrio of Ponte, & Vincēzo Gatto of Coira, to kil Signor Scipio­ne Calandrino late Preacher in Sondrio, in case they could finde him vpon the State of Mil­lan, or else to carry him out of our State, to Millan or to Rome, as diuers times hereto­fore it had happened to others; as Michael Ciappino hath publiquely confessed, both vpon the Torture and after: who being re­solued to act this his bloudy purpose, Calan­drino [Page] had notice by some of his friends, that the Arch-priest lay in waite for his life, and had his Spies vpon him: as appeared by a Briefe of his sent to Ciappino by a yong Lad; wherin he giues him aduertisement, when, and in what place he might come with his complices, and in what manner hee might performe that felonious act: where vpon Ci­appino was imprisoned in the yeere 1698. in the moneth of September, vnder the charge of Captaine Iohn Corn of Castelmur: where, vpon proofe of the Euidence, hee suffered death, as appeares by his Processe and the confessions vnder the hand and seale of the said Signor Capitan [...]. Ciappino had to this purpose made choise of certaine Ferry-men, Andrea Serem da Como, Iohn Pifer the Traona, and Battista Domini da Menus, who in the yeere 1594. Iuly, were all executed, because being at the Ferry-place of the Riuer Adde, where Calandrino was retyred, they would violently haue haled him into their Barque; but they were apprehended by Signor Capi­tano Artman de Artmani, and the whole busi­nesse being proued against them, they were for the said murtherous conspiracie and [Page] treasonable plot condemned to die.

Moreouer, this Rusca had shewed him­selfe a Rebel and disobedient to the supreme Magistrate of the Three Confederations Generall, because hee embezeled and defa­ced the Decrees and Records of that Of­fice: and afterwards holding his Congrega­tion in the Cloisters at Sondrio, there were heard many seditious and rebellious words by diuers honest men in the streets, which they haue fully testified and proued, and as since hath beene confirmed by Nicolo Car­bonera, both vpon and after Torture: affir­ming moreouer, that hee had giuen coun­saile to cancell some Decrees of his owne State, by the procurement of the French Embassadours, in whom Signor Iulio della Torre had great interest to preuaile, as a faithfull and trustie friend of theirs: That he had also hindred the free course of prea­ching the Gospell.

He had so farre made himselfe Master of the peoples will, that the Officers of Valteli­na fearing some sodaine tumult & insurrecti­on, durst not lay open his horrible crimes and transgressions. In the time while Fort [Page] Fuentes was building, he retyred to Mor­begno, where, (as is prooued by diuers Testi­monies & his own confession) he perswaded the people, not to make warre with so Ca­tholique a Prince as the King of Spaine, but to keepe their consciences free, and to aske him pardon for their fault: resisting by that meanes the Proueditor of the Confederati­ons Generall, who was forced patiently to dissemble this rebellious affront: and albe­it he was resolued to charge him herewith­all before the Councellors and Comminal­ties, yet he deferred it till the fourth of Au­gust 1608. at what time hee was summoned before the Comminalties, and in Nouem­ber after, before the Iustice Court of the Three Confederations Generall of both the Religions; but being conscious of his own guiltinesse, he neuer appeared.

He hath also by assistance of his Compli­ces laboured to corrupt and drawe many men to his partie, as appeares by Letters of his written to a friend the 22, 23, and 24. of December the same yeere, as also by the testi­monie of diuers honest men; wherevpon euen they that were corrupted by him, haue [Page] receiued condigne punishment, but yet with clemencie.

He hath held particular correspondencie and secret conference with the Commissio­ners of forraine Princes, and especially hee hath had strict intelligence and practice with the disloyall Rebels of our Countrey, fauouring many of their pernicious des­seignes, as appeares by writings of his own and others: nay, during the time of our re­fusing passage and commerce with the State of Millan, he made a iourney twice to that Citie, not without our great suspition and iealousie. Which said accusations com­ming before the Court of Iustice, and the Iudges calling into serious consideration our ancient Lawes and proceedings, and carefully perusing and examining the fore­said Letters, as also those written by Paolo da Sulmona Priest, the 6. of Nouember 1608. by Signor Philippo Bishop of Como the 15. of March 1610. and by Fryer Francis Prouin­ciall of his order in Millan, bearing date the 12. of Ianuary 1611. and by many other Letters addressed to him, and by the testi­monie of honest men heard and approued, [Page] they all appeare to the Court to be true and iustifiable.

This man notwithstanding gainesayed all, denied the confessions of those had beene tortured and executed, made a ridiculous scoffe of the Letters and attestations, labou­ring to excuse himselfe and put off the mat­ter with a iest: but withall he besought the Court they would proceede no farther a­gainst him, but either send him to perpetu­all banishment, or condemne him to the Gallies. Herevpon they adiudged him to bee tortured: the first day hee was hoised thrice without any weight; nor would hee confesse any thing: the second day being twice drawne vp by the Pulley, he seemed very feeble; vpon this they let him downe to the ground, and loosned his cords, when instantly he dyed, not without strong suspi­tion that he had poisoned himselfe, as appea­red by the tokens in his body. So by the Sentence of Iustice hee was carried by the Hangman to the publike place of executi­on, and there buried.

A rumour was spred abroad by some false Calumniators, that this Rusca was tor­tured [Page] to death in prison, by the malice of those of the Religion: but worthy men of both the Religions that were then and there present, can witnesse the contrarie: because, during the two daies wherein he was tortu­red, he was not in all aboue one houre on the Torture: besides, his torture was most easie, but his death came by some other meanes, as hath beene declared.

The first day of September, Iohn-Antonio Giouer da Calanca was called in question, whose owne Letter, and others, with their Processe and witnesses doe testifie, that he had plotted to bring a warre vpō his Coun­trey, and to this end had sought to raise For­ces in forraine States.

Iohn-Battista Zambra, of whom we haue formerly made mention, hath confessed, that Giouer had not onely conueyed his Let­ters and directions to Millan, but also that hauing written to him to be ready at the seruice of the house of Millan, and to hin­der the Leauy of the Three Confederati­ons against the building of Fort Fuentes, the said Giouer had returned him this an­swere; That he would aduance the busi­nesse [Page] as much as hee could.

He hath by his Letters and Spies disco­uered the secret Counsailes of the Three Confederations Generall to forraine Prin­ces, making offer to procure a good issue to their affaires, rather then to those of his owne Countrey. By his counsaile the pas­sage of Millan was shut vp, so was it by vs to them of that State: yet he by his Office suffered many horses and other things to passe from this State thither, and hath crafti­ly wrought that the Salt and Graine of that State might be kept from hence: hauing al­so secretly distributed money here, to cor­rupt others against the Priuiledges of our higher Powers.

He hath, contrarie to the Liberty of our Religion and publique Peace, stirred vp cer­taine Comminalties of the Three Confede­rations Generall, one against another by lies and false reports: and namely, he counsailed and helped to burne the Seates of the Prote­stants in the Church of Maso [...]h, their Bels to bury vnder ground, and driue out the Ministers; wherein himselfe was a princi­pall Actor, and for which worthy seruice he [Page] was Knighted by the Pope, to whom hee tooke his Oath, contrary to the Allegeance he owes to his owne Countrey.

Hee published a counterfeit Proclamati­on at Morbegno, in the name of the Three Confederations Generall, That those who goe to Venice, should not onely be denied en­tertainment and lodging, but also hee that should kill any of them, should be free from all danger of punishment or Fine. Many o­ther notorious outrages he hath committed, not needfull here to be related. Being there­fore two seuerall times summoned to the Court of Iustice, and not appearing, he was banished, and had like Sentence of con­demnation with that of Captaine Rodulphus Planta.

The same day Processe was framed by due course of Iustice against Lucio di Mon­te, chiefe Iudge of the Grison Confederati­on, for that it was euidently prooued by his owne Letters, and others, and by diuers wit­nesses, that he made his way to that Office by the money of forreine Princes, assisting them and their affaires in matter of State, with all his power; receiuing at one time [Page] two hundred Doubles of Spaine from a Se­cretarie to a forreine Prince, and from an­other Prince three hundred gold Crownes for the like seruice. Hee hath likewise recei­ued much money from a certaine Embassa­dour of a forraine Prince, and disbursed se­uen hundred Crownes for obtaining the Of­fice of Lantama, or chiefe Iustice of Lu­gniz with corruption and presents: and yet (to the terrour of all men) tooke his corpo­rall Oath, that he entertained no secret prac­tice with any forraine State.

While hee was in his office of supreme Iudge and Lantama, he countenanced and furthered the seditious tumult of 1617. whereby many good men were persecuted, the Confederation of Cadè brought into great expenses, and the Three Confederati­ons Generall into extreme danger. He hath further threatened when State matters were in handling, that vnlesse they succeeded as he would haue them, he would cause to be made such a hauock and spoile among them, as it should reach to their destructi­on and losse of life. He shewed his readinesse to receiue 50000. Crownes, for solliciting [Page] the vniust Articles of the League with Mil­lan, and working vs to a consent thereunto: wherein notwithstanding, the rest of his Complices would not giue their consent, for feare, if the League should goe forward, he would keepe all the money to himselfe. Moreouer, hee hath held strict practices with forrenners, to the great preiudice of our State, and hath dared to bragge that he had seuenteene of our Comminalties within the League of Cadè, at his command, and in the rest of our Confederations he was growne so powerfull and strong, as he nothing e­steemed the contrarie partie: whereby hee became so insolent, as he would force them to his ends by open violence, or else threaten to kill them like Calues. Lastly, he hath de­manded Armes, with succours of forraine States against his owne Countrey.

Hereof being conscious, and of many o­ther villanies, he is fled the Countrey and Liberties thereof: and being summoned by the Court of Iustice, and not making appa­rance, he was banished, and receiued like Sentence of condemnation with Pompeius Planta.

[Page] Some few daies after, Iohn Bishop of Coi­ra was accused, who eleuen yeeres since had beene banished by order of Law, and im­partiall iudgement of both the Religions of the Three Confederations Generall, for ma­ny foule crimes, and other transgressions a­gainst his Countrey: namely, for aduising and assisting that the Three Confederations Generall might not keepe their Oath and couenant (which they ought) with other Princes and forrain States their Colleagues: and for receiuing and disbursing diuers summes of money, that wee might oppose the Lords of Switzerland our faithfull Neighbours and Confederates. Likewise, he put his Bishopricke vnder the Protection of those that were our professed and sworne enemies, and knowing himselfe guilty of this perfidie, he laboured (in case his vil­lanies should come to light) to hold the Office of a Legate in the Countries of Ger­manie.

Not long after, contrarie to the Procla­mation of the Three Confederations for his banishment, he being confederate with the disloyall and traiterous men of our [Page] Countrey, who had then the power of the Supreme Magistrate in their owne hands, and returning to his Bishopricke at Coira, whither he was brought by Rodulphus Plan­ta, chiefe head of the Treason against his Countrey, he hath here continued in his for­mer practices, and persisted in his pernici­ous complottings against the State. Hee hath robbed our House neere Fustemburgh in his Diocesse, and hath placed therein a perfidious person, and one banished our State.

Hee hath contrarie to Law taken away the Hereditarie Lands belonging to his Bi­shoprick, from those that possessed them by descent, but were not of his Episcopall fac­tion, and giuen them to others of his owne partie. He hath aliened and conueied away diuers Lands from his Church, without the consent or knowledge of the League of Ca­dè, which is Visiter and Protector of that Bishoprick; and hath employed wicked, perfidious, and temerarious persons, in his seruice, and against the State. He hath prea­ched in Villages of matters of State, contra­rie to his Oath, and the dignitie of his cal­ling. [Page] He hath taken bribes in differences and suites in Law betweene party and party, concerning the Limits and boundaries of our Countrey, euer assisting that side which opposed vs. He stileth his confederates that are of the reformed Religion, by the name of Heretiques, when he mentioneth them to forraine Princes, contrarie to the peace of our Religion and Countrey. He hath denied them buriall in that part of his Iurisdiction which is out of our Countrey, so as they are forced to bring the corps hither to haue Christian buriall: besides many other Par­tialities. And hauing had notice that his acti­ons were made knowne to the Comminal­ties and Councellors, he retyred himselfe last yeere out of our Iurisdiction: and being lawfully summoned to the Court, he failed to appeare. Herevpon the honourable Court of Iustice proceeded against him the 15. of September this present yeere, and vpon suffi­cient examination of his own hand-writing, and others, diuers witnesses being produced and heard, and all the premisses cleerely prooued, besides many other; the Court hath decreed to adde new vigour to the for­mer [Page] Proclamation of his banishment for life; confiscating all his own proper goods, and reseruing those of the Bishoprick: and hath further commanded the League of Cadè, and the Deane and Chapter of that Cathedrall Church, to proceed as speedily as conueniently they may, to the election of a new Bishop: straightly charging and for­bidding all men to harbour him in the Countrey, and being taken there, to haue his head cut off.

Processe was likewise framed against ma­ny others, whose seuerall crimes & offences for breuities sake we omit. But besides the former, wee finde other wicked men so much corrupted and bribed with Presents and Donatiues from the Ministers of the French King, as they haue not onely pro­mised to obserue the League, (in which case no bribes were needfull, euery man be­ing resolued to keepe his Oath and beare himselfe as became his honour and reputa­tion) but also to apply themselues in all things to the good will and pleasure of those publike Ministers: and accordingly, some seruants of his said Maiesty haue [Page] thrust themselues into businesses not com­prized in the Articles, promising not to giue passage through our Countreys, (as if they were their owne) and not to giue their con­sent that we should enter League with any other.

These very men, vpon acknowledge­ment of great Donatiues and expectation of greater summes promised, haue likewise made themselues Vassals and humble Ser­uants to the Catholique Kings Embassa­dour in Switzerland, he hoping by this meanes to obtaine his demand in our Countrey; namely, that the King his Ma­ster may be absolute Lord of all our passa­ges. And yet these selfe-same men haue ta­ken money of the Venetians, to further their demand of some Troupes of ours, or else to haue free passage for those they should lea­uy from other places; or at least if any should fauour their affaire, to be silent, and heare and see nothing. By which meanes, drawing to themselues the treasures of other Princes, and impudently coozening both the one side and other, they haue brought our common Countrey into discredit and [Page] dis-reputation: hence it is, that many of them who had but a small patrimony left them by their Ancestors, come now to liue splendidly, and grow infinitely rich.

Some of these men haue beene banished their Countrey, and had they beene taken, they had beene sentenced to be hanged and beheaded: some haue forfeited their estates, honours, and Armes; others put out of our Councels; others haue lost their money and goods; and many haue beene accused that haue cleered themselues; who not beeing conuicted of any crime, either by their own writing, confession, or testimonie of honest and Legall men, they haue beene dischar­ged without paying one penny of mulct, or Fees of the Court whatsoeuer.

So that in conclusion, whosoeuer vvill take knowledge of our manner of procee­ding, shall euidently see, that we haue beene forced thereunto by vrgent necessity. First, that God the Lord of Hosts might be glo­rified, who hath planted vs in this Ecclesia­sticall and Ciuill Liberty; and secondly, that our common Countrey might be preserued by Iustice, to the extermination and banish­ment [Page] of all Treasons, the punishment of all notorious offences, the aduancement of true vertue and loyall honesty, the reforma­tion of euill abuses, and restauration of our ancient Liberty, for the sincere and reall propagation thereof to our Posteritie.

And these are the true causes and reasons why we are falsely slandered and calum­niated by our perfidious Countreymen and other malicious persons, blaming vs to o­ther Princes and forraine States, as if this our Assembly and Iudiciall proceeding had been onely appointed for priuate factions, wicked emulations, hatred against the Romane Ca­tholique Religion, and despight of our Con­federates & ancient friends, to change them for new, & colleague our selues with them. But we are in good hope, that they who shall heare such persons talke, against whom we haue sent out our Processe and Procla­mation, will likewise remember, that they are the same men who haue so falsely and so often deceiued forraine Princes and States our neighbours, receiuing great summes of money from them, and in word promising much in diuers places, but in effect perfor­ming [Page] nothing. And as they haue vainely sought to excuse their falshood against their accusers, so no doubt they will not be asha­med with false machinations and preten­ces to palliate and cloke their malice.

If these so powerfull men haue beene faithfull Ministers in the gouernment of our Countrey, and haue carried themselues with such integritie and sinceritie towards all men, why doe other Princes and States complaine of our ill gouernment, and of our dayly changing our Councels, where­of these men haue beene the onely occasi­on? Why doe they contest with Barons and Earles in all manner of riches and magnificence, and yet leaue the Countrey empty of all prouision? Can a Prince or forraine State complaine of any mans per­fidie, and not of these, with whom he hath had so strict intelligence, who promised them much, yet neither did nor could doe any thing? Who can charge vs to haue per­secuted any one Family or Comminaltie through faction or emulation, since it plainely appeareth, that the persons execu­ted were of diuers Families and Commi­nalties? [Page] who will imagine they were falsely slandered of diuers things, when the Arti­cles whereof they stood accused, appeared to be plainely prooued by their own hand­writings, and those of their Complices? Who will beleeue that their faults are ag­grauated, and they condemned not being guilty, when their owne writings, actions, and confessions do plainely giue euidence, that the bloudy Fort Fuentes was built by their counsaile, assistance, and contributi­on? who also pronounced them enemies that hindred the worke, and bewrayed the secret deliberations of our Countrey, which were so honest, sincere, and to no man pre­iudiciall: prescribing vs the way how to carry our selues in that businesse, that through feare we might become base and pusillanimous; to which seruice they were drawne by money, like vile and mercenary persons.

But they say we haue a particular Faction by which they are persecuted. This which they call Faction, is that which desireth to aduance, preserue, and defend the Honour and Word of God, consisting of all the reall [Page] and true Subiects of our Countrey of both Religions. This is the Faction, that desireth to keepe the Liberties of our Countrey, ac­cording to our ancient lawes and ordinan­ces. This is the Faction, that desireth to maintaine their Faith, Honour, and Oath, with all their Confederates. This is the Faction, that now for many yeeres hath promised to receiue no Pension of forraine Princes for matters of State, and that neuer made promise of any thing that it hath not faithfully performed; and for long time hath with much patience and more griefe endured such wicked persons. These are the children and posteritie of those that haue freed themselues from Tyrants, and will no longer acknowledge their Succes­sors as Superiours, but as neighbours; and these are they that sustaine & support them­selues by their integritie; they hate all Arro­gancy and Ambition; they desire not to thrust their fingers into Princes Treasures, but serue them faithfully and honestly for their Pay in all their occasions, when they are required, and who venture their liues and goods with all readinesse and obedi­ence [Page] for the defence of Iustice, and suppres­sion of violence. In conclusion, this is the Faction that neuer could, can, or will indure so many grosse abuses and seditious practi­ces against our Countrey.

These perfidious persons must needs haue a feeling (if not in themselues, yet by others) that all men haue the glory of God, and the truth of their owne Religion in tender re­commendation, and that euery one thinkes in his owne conscience, it is a deadly sinne not to defend it, and resist the Persecuters thereof: and yet these men shame not to giue out, and publish to the world, that our end is nothing else but to persecute the Ca­tholique Romane Religion, and to driue it out of our Countrey.

Had the Romane Catholiques alone made this complaint, perchance some might haue beleeued them; but why then do they of the reformed Religion complaine, who (as they say) are not molested? Why then doe both the Religions with hand and heart vnite themselues in these proceedings for defence of their Countrey, and maintenance of their ancient liberties? Why doe both [Page] Religions sit together in Court of Iustice at this present, with equity and indifferency to punish offenders both Reformed and Romane? But these bad men kept long se­cret in their bosomes this their calumniati­on and slander, till now the water of the Fountaines runnes so cleere, as they can no longer by troubling it, disturbe the peace of our Countrey: and therefore now vpon discouery of their perfidious and false hearts, they vse this false pretext of Religi­on, to withdraw our Subiects from their Countries seruice, and to draw our neigh­bour Princes and others, not to further with such zeale as they ought, the good successe of these our proceedings. Let them giue leaue to the honest and good men of our Countrey who are still among vs, to com­plaine in this particular of Religion, of whom we firmely beleeue that no one man of either Profession will euer open his lips, because we haue neuer suffered in all our proceedings, that the least violence should be vsed to the one, or the other.

They say we haue put to death the Arch­priest of Sondrio: To this we answere, It is [Page] true, and hee had but iustice; yet haue wee not taken away the Benefice, but haue giuen order for another to be chosen in his place, to discharge that Office: Nor did we proceed against him, for that he was a Priest, but for his bloudy deeds, his wicked counsailes, and Treasons. In like manner the Bishop of Coira stands out-lawed and banished, but his Bishoprick is not aboli­shed; and another in his stead is to haue the possession. Besides, there haue beene mo of the reformed Religion punished, then of Catholiques.

It seemes in these our daies, that Religion is vsed as a cloke and pretext for vvicked and nefarious actions, and it is the ordinarie custome of those men to serue their turnes with such excuses, who in their life and con­uersation neuer shewed any acknowledge­ment of Religion at all: nor haue any pretence of truth, to approoue the inno­cencie and integritie of their actions.

We are likewise charged to haue despised and set at nought the Maiesties of other Mo­narches in a barbarous manner, by renoun­cing our Faith giuen them, and quitting our [Page] friendship and Allyance with them. But we knowing well, that to despise and calum­niate the said Maiesties is vtterly against the Christian Faith; wee doe therefore hold them in all reuerent esteeme and obseruati­on, and thinke our selues much honoured, if we enioy their good fauour and friend­ship: yet neither may nor can wee by any meanes approoue the vndiscreet and incon­uenient actions of some of their Seruants: we hold them for our Confederates, but we are not tied to them in any speciall duties, or seruices not comprized in their Commissi­on, nor specified in the Articles of League with vs.

Who can truely say, or charge any Delibe­ration or Councell of ours, to haue renoun­ced or broken any League or intelligence we had with others?

We both in generall and in particular are readie, to maintaine towards all men our Faith, Credit, Honour, Oath, and good cor­respondencie, and neighbourhood. And albeit some Embassadours by their vndis­creet carriages haue prouoked vs to iust displeasure, yet haue wee no purpose to di­minish [Page] any one point in our interchange­able Leagues with others, or to molest and trouble them any way, onely wee could wish, that those Ministers of State were pre­scribed a better course how to carry them­selues, or else that their Masters would call them home, and send others in their place.

If our People were so temerarious and head-strong as these calumniators would make the world beleeue; we, adhering to them as Authours of all lewdnesse, should euery yeere haue made Leagues and bro­ken them, like these our slanders, who haue wrought their vttermost among vs to renounce and quit all our true and reall Confederations, which, by the constancie and faithfulnesse of our People, and some of our Heads and Councellours, wee still maintaine in their force and inuiolable: and if any fault hath beene made, or failing in duties whereto wee were obliged by Ar­ticle, the blame is to be laid vpon those per­fidious Patriots, who like Merchants suffe­red themselues to be wonne with money, by their false shadowes and pretences of dan­ger, [Page] to turne our Common People from the right way, who hold among vs the supreme Authoritie.

By all which things aforesaid, wee hope that euery man (especially such as know what true libertie is, and wherein it consist­eth) shall haue occasion for the time to come, to iudge more modestly of our acti­ons, without giuing eare to false pretences, or fauouring the said perfidious Countrey­men of ours, by vs iustly banished; but shall banish them likewise out of their limits, as persons most wicked, and deseruing any kinde of punishment.

GOD, who changeth Kingdomes, setteth vp and pulleth downe Kings, enlar­geth Dominions, and raiseth the Humble, keepe in his gracious fauour and protection all States and Common-wealths, defend them from Warre and Treason, from suspi­cions and iealousies; confounding all per­fidious practices by his mightie Power, and preseruing all good Gouern­ments by his infinite Mercy.

Amen.

AND to the intent that the world may know, how much these mercenary men of ours tooke vpon them, by propoun­ding and procuring to sell our Libertie, and Treasury to Princes and forraine States: we haue set downe word by word, the Articles of the League betweene his Maiesty of Spaine, and our Countries, to which League they per­swaded our Commons in the yeere 1617.

Articles drawne and to bee agreed vpon the 9. of March 1617. by the most Illustri­ous Don Alfonso Casale, Councellor and Embassadour for the Catholique Maiestie in Switzerland; in the name and behalfe of the most Illustrious Prince Don Pietro di Toledo, Gouernour of the State of Mil­lan, on the one party: and the Lords the Heads and Deputies of the Three high Con­federations Generall of Grisons on th other partie: with the good liking and approbation of his Maiestie, and of the said Three Confe­derations Generall.

WHereas there hath euer beene a good, sincere, and faithfull amitie, neighbour­hood, [Page] and correspondencie betweene the Duke of Millan, and the Three Consederations Ge­nerall; the which, euer since the High and Mighty Kings of Spaine hau [...] beene Lords of that State, hath beene continued by their Ma­iesties: therefore both the parties, vpon dye consideration of the happinesse, profit and se­curitie, which ariseth from the good affection, sinceritie, and louing intelligence betweene them; and to the intent that all cause of iealousie and diffidence might bee remooued, which hath or might heretofore happen betweene the Maie­stie of Philip the third, and the said Three Confederations Generall; and that a perpetu­all good intelligence, faithfull neighbourhood, and a reall and mutuall vnion might be esta­blished betweene them: they haue to the ho­nour and glory of GOD, and to the publique good and safety, ioyntly resolued to conclude this present Capitulation, Treatie, and Vnion, to stand in the full force and vertue of a continuall and hereditary League.

And therefore the most Illustrious Prince and Lord, Don Pietro di Toledo Generall of Millan, in the name and behalfe of his Maiestie, and his successors Dukes of Mil­lan [Page] on th' one party, and the High and Noble Lords the Presidents, Councellors, and Com­minalties of the Three Confederations Gene­rall on the other partie, doe promise, that be­tweene his Maiestie as Duke of Millan, to­gether with the Subiects of the said Duchy, and the Three Confederations Generall, with all their Subiects in Valtelina, Bombio, and the County of Chiauenna, shall be a true, sin­cere, and perpetuall amitie, correspondencie, neighbourhood, and vnion; so at neither par­tie shall suffer themselues to be imployed vp­on any seruice or occasion, to the preiudice and hurt of the other; nor shall suffer that through their Countreys or their Subiects, any pas­sage, counsaile, or aide shall bee giuen directly or indirectly, which may secretly or openly damnifie either party, but that they shall op­pose and resist them with all possible diligence and power. And when either of the parties shall know or vnderstand any secret practice or attempt, whereby may bee engaged the preiudice and hurt of the other; that then they shall without delay giue notice thereof, and procure with all diligence and faithfulnesse to diuert the same.

[Page] And because his Excellencie vnderstan­deth, that the Three Confederations Generall would willingly that the Fort built in the yeere 1603. vpon the Confines of Valtelina were demolished, as a pawne and pledge that they were againe restored into the good fauour and assured confidence of his Maiestie; hee promi­seth, in testimonie of his Maiesties good af­fection to the Three Confederations Generall, That, so soone as this said Capitulation shall be concluded, sworne, and signed by both the par­ties, forthwith the Fort and Sconce belon­ging to it, shall effectually and really be demo­lished: and that the said Fort shall neuer be re-built, so long as the Contents of this Capitu­lation be faithfully and inuiolably kept, and no second cause bee giuen his Maiestie of diffi­dence and doubt of them, as was in the yeere 1603. And forasmuch as the said Lords Presidents, Councellors, and Comminalties of the Three Confederations Generall, doe know that the reason of that diffidence and doubt, which caused the building of the Fort was, in regard of the League and passage granted to the State of Venice the yeere before; they therefore promise for themselues and their Suc­cessors, [Page] neuer to renew the said League or pas­sage, nor to giue their consent thereunto, so long as this Capitulation shall continue.

That commerce, negotiation, and passage shall bee free through both their Countries, and for all their Subiects without exception of persons, of what qualitie and condition so euer: but with this prouiso, that in their Let­ters of credence there be no scandall, nor bring in with them prohibited bookes, and that in time of Pestilence or Plague, the ancient cu­stomes be obserued. And concerning the Toll of Cattle or other commodities, which shall be brought into the State of Millan, they shall en­ioy the like liberties with those already gran­ted to such Swisse Cantons as are confederate with his Maiestie.

And in case it so happen that his Maiestie shall haue neede of the Souldiers of this Coun­trey to defend his Duchy of Millan, he shall haue a Leauy granted him by the Three Con­federations Generall, of foure thousand men at the most, and two thousand at the least, (but all to be voluntaries;) reseruing notwith­standing a power in the Three Confederati­ons Generall, to grant a greater number at [Page] their pleasure: The choise of the Collonell and Captaines to bee made by his Maie­sties Embassadour: who hauing made the said Leauie, hee shall agree with the Col­lonell and Captaines chosen, for their Armes and Pay.

And in case his Maiestie would cause to passe into his Duchie of Millan, through the Countrey of the Three Confederations Generall, or of their Subiects, any number of forraine Souldiours, for the preseruati­on and defence of his Duchy or other his States, free passage shall bee granted to his Captaines and Officers, so as their Troopes consist of no more then two hundred men, and that they bee alwaies distant one dayes iourney the one from the other. Euery Troope also shall haue his Captaine or Lea­der, and also one Commissary appointed by the Three Confederations Generall, at the charge of his Maiestie, to see that good order and discipline be kept, for the auoiding of all inconueniences; which Souldiours shall pay for their victuals, and other customes, and shall beare themselues quietly & peaceably through­out the Countrey.

[Page] They shall beare no other Armes but Sword and Dagger, if they bee on foote; and they on horsebacke, nothing but their Pistols: and in case it shall appeare by proofe, that these Souldiours haue damnisied the Coun­tries of the Three Confederations Generall, that then his Maiestie shall be bound to make re­stitution.

On th' other side, if it should so happen that the Three Confederations Generall were set vpon in hostile manner by any Prince, Po­tentate, or free State, that then his Ma­iestie shall be bound vpon euery their demand, to send to their succours two thousand foot, and two hundred horse, vpon his owne expence till the warre bee ended: and in case the Three Confederations Generall should stand in neede of greater succours, his Maiestie shall be bound to send them forthwith: But if the Three Confederations Generall shall finde it more for their aduantage, or like it better to have money then Souldiours; that then his Maiestie shall truely pay them ten thousand Crownes a moneth so long as their warre last­eth, and shall lend them sixe Peeces of Artil­lerie and Munition thereunto belonging, as [Page] farre as the vttermost bounds of the Coun­tie of Chiauenna, with condition that the warre being done, the Artillerie bee restored. It shall bee lawfull for the Three Confedera­tions Generall and their Subiects, to buy at the Faire of Como and Palanza in the Du­chy of Millan, all sorts of Graine for euery mans vse and necessitie, with like freedome as those Swisse-Cantons doe, which are in League with his Maiestie.

His Maiestie as Duke of Millan, accor­ding to his wonted Princely Liberalitie, and to testifie his gracious fauour to the Three Confederations Generall, promiseth to pay in­to the Exchequer of each Confederation Ge­nerall yeerely, vpon St. Iohn Baptists day, three thousand Florens, worth three shillings nine pence Sterling a-piece: This paiment to beginne the first Saint Iohn Baptists day af­ter the Sealing and Swearing of this Vnion.

And when any difference or dispute shall [...]se betweene his Maiestie and the Three Confederations Generall, two Arbiters shall be chosen of either party, who shall meet at Chiauenna or Lorico, as the one or other par­ [...] shall be Plaintiffe or Defendant; and these [Page] differences betweene them in two moneths to bee cleerely determined and decided. And in case any difference arise betweene priuate persons of both the States, that then the Plain­tiffe shall call the Defendant before his Ma­gistrate and Iudge: but in case they cannot here be agreed, and their difference compoun­ded, that then each of the Parties shall haue choise of one able man well experienced in cau­ses of Iustice, out of the Aduersaries Countrey: and then to cast Lots which of these two shal de­termine the difference.

That this present Capitulation shall bee no way preiudiciall to the League and Let­ter-*Riuersall, made and giuen by the Three Confederations Generall with the Crowne of France: but that, that League and Letter shall still remaine in their force, and their owne proper words.

That this present Capitulation shall bee perpetuall and hereditarie; his Maiestie re­seruing on his part the holy Sea of Rome, the Sacred Romane Empire, the High and Mighty House of Austria, his League with the Catholique-Cantons of Switzerland, and all other his ancient Leagues and Treaties. And [Page] on the other part, the Three Confederations Generall reseruing the Sacred Romane Em­pire, their League and Letter-*Riuersall with the Crowne of France, their perpetuall Vni­on with the High and Mighty House of Au­stria, their Confederation with the Cantons of Switzerland, and all other their an­cient Leagues which haue beene for­merly inuiolably and effectu­ally kept and ob­serued.

FINIS.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.