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 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 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 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 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 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 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 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
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 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 contumacie banished for life froÌ„ 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 Rodâ—lphus Planta of Zernes Captaine of the Prouince of Valâ—eliâ—… and criminall Iudge in Zernes aforesaid and 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 consent of the common people By this meanes and that Princes fauour Plâ—… 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 meeâ—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 â—… 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 bâ—… yet with condition that neither he nor they should conclude any thing of importance without his 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 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 through Planta's hands by vvhich meanes he got of the Embassadour large summes of
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 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 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 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 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 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 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 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
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 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 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 and correspondencie betweene the Duke of Millan and the Three Consederations Generall the which euer since the High and Mighty Kings of Spaine hauâ— 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 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 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 neuer to renew the said League or passage nor to giue their consent thereunto so