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A03492 The acts of the diet of Regenspurgh: held in the yeeres 1622 and 1623 Containing these seuerall treatises. 1 Sixe propositions made by the emperour. 2 The consultaes of aduices of the princes vpon the first three of them. 3 The emperours replica to their aduices. 4 Their answer to his replica, with a relation also. 5 Their answer to the three last imperiall propositions. 6 The emperours finall resolution concerning the whole businesse. Holy Roman Empire. Reichstag.; Holy Roman Empire. Emperor (1619-1637 : Ferdinand II) 1623 (1623) STC 13613; ESTC S117344 20,105 41

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found very willing and ready vnto it As concerning your Maiesties third Proposition of the dangerous resolution of the vnited Prouinces for remouing the field of warre into the Empire and their late attempts in Westphalia and their building of the Fort of PapenmutZ in the Rhyne betwixt Bon and Cullen we cannot but commend your fatherly care nor are we ignorant that diuers consultations haue beene had about it in some former Dyets also where it was still found that the forces of any one State were not able to hinder the Low Country-men nor can we now agree vpon the meanes of doing it And as for Papenmutz your Maiesty is to consider of it as of a piece now taken in by the Archduchesse her forces and if it were not vpon this quite demolished there would be much danger in it that it would not onely hinder all commerce by the Rhyne but also that the Hollanders would some where else raise another to confront it which would breed great discommodities both to the neighbour States and to the whole Empire Our earnest request therefore in this point is That your Maiesty would intercede with the Archduchesse for the dismantleing and vtter rasing of that Castle And this is the effect of what was deliuered by the Catholike Electors and Princes what next followes is belonging vnto this Answer to the Imperiall Replica also but made apart by the Saxish and Brandenburghers Ambassadors and Lodowicke Landtgraue of Darmstadt perswading rather to proceed by the way of peace as here followes Our voyces and aduices gracious Lord and Caesar which we haue giuen before See before in their aduice to the Emperors Propositions concerning the proscribing of the Prince Palatine and the translation of the Electorate we know to be founded vpon the best examples and the immoueable Constitutions of the Empire and were meant to no other end then that concord and confidence being re-established betwixt all the States of the Empire the warres may be laid downe peace restored the whole State being assured to the Emperor in the bond of Peace all may bee conuerted to the confirming of Caesar the commodity of the States and the terror of all the Enemies of the Empire And we doe hope that Caesar will so interpret vs. As for those other points contained in the Imperiall Propositions as the dangerous hostility vsed by Mansfield and the attempts of the States of the Low-Countries in Westphalia and other places subiect to the Elector of Cullen we are much vext and grieued to see such principall members of the Empire so much afflicted and doe confesse that vnlesse that wholsome way of Peace be speedily taken and that flame of war timely quencht by the waters of composition there can nothing come of it but vtter ruine and combustion in the Empire T is at Caesars choice to take other mens aduices also in this point and wee doubt not but they will all giue him such counsell as may best conduce to this purpose But for our owne parts wee hold the way of peace for the best and safest as wee shewed in our former aduice which wee earnestly wish might with all the clauses and particulars in it be formerly called to mind againe and rightly and timely apprehended that all iealousies might so be remoued and peace restored without which things will neuer succeed rightly for the safety of the Empire It cannot be thought but what the P. Palatine hath done might well trouble your M tie yet we hope Caesar wil rather respect peace spare his loyall subiects take into his pittie the millions of miseries which the warres occasion and out of a magnanimitie worthy of Caesar adde this to the rest of his victories that he will now ouercome himselfe and suffer his owne inbred clemencie his loue to the publike good the safetie of the Empire and the generall quiet of all men to beare some sway with him and make by this meanes his owne name immortall to all posterities As for that reformation already begunne in Bohemia what danger and despaire did by reason of that at this present hang ouer that kingdome his Highnesse the Elector of Saxony had often intimated vnto Caesar and admonisht him likewise of the dangers redounding thence vnto the neighbour Countries Wee therefore here once againe most humbly sue vnto Caesar that he would please to suffer himselfe to bee entreated and giue way to the the most waighty reasons brought to perswade him and that he would forbeare that worke of Reformation set open the Protestants Churches and permit the free exercise of Religion according to the Augustane Confession that hee would pardon the subiect and vniuersally forgiue and forget prefer mercie before rigour of law and so most firmely oblige the minds of the Subiect in loue duty and deuotion vnto him As for the complaints of the free Cities and others of the Empire wee thinke it fit that Caesar might be certified of their particular grieuances by their seuerall petitions that so they might with all speed be cased of that burden of maintaining the souldiers the gouernment of the Cities fully again restored vnto the Magistrates all exactions left off promises and couenants kept treaties ratified and all mischiefe auerted seeing that it so much concernes the weale publike to preserue these Cities in the deuotion of Caesar What the Electors of Saxony and Brandenburgh thought in the point of the proscription appeared by their former aduice vpon it But seeing that in an after Relation of it these words were added which were not in the former which were That the Emperour might doe it Absolutely and without being prescribed the manner The Electors could not forbeare from opposing themselues against it for that it no waies agreed with the Capitulation Royall seeing that those things vnto which Caesar binds himselfe by that Capitulation are not simply absolutely and without being prescribed the manner in his power nor can the Electorall dignitie for this reason bee preserued safe entire vnto the persons The words of the Capitulation are clear In all difficult businesses no processe ought to be made without the knowledge cōsent of the Electors that without ordinary Processe no Proscriptiō should go out against any one of the States of the Empire before the cause were heard This is the fundamentall Law of the Empire which requires no more but to be constantly obserued nor is it to bee drawne into further dispute or deliberation but it stood the Electors vpon to bee open eyed to see to the obseruation of it and it concerned the three secular Electors especially whose dignitie did by an hereditary right descend vnto their posteritie to keepe it safe and entire which they hoped that Caesar would not goe about to contradict As for that which was aduised by the Catholike Electors and Princes concerning the rasing of the Fort of Papenmutz we will say nothing seeing that we haue not before this had any relation of the taking of it
We haue in the meane time dispatcht our Letters vnto the Dukes of Brunswicke and Pomeren who I hope will eyther by themselues or their Ambassadors appeare towards the end of the Dyet But you haue in the meane time done very wel that not staying for them you haue begun your Consultations vpon part of our Propositions In which Consultaes and Aduices of yours though some haue wisely heretofore resolued vs that our proceedings in proscribing the Palatine was both legall and necessary yet some there are of you we perceiue to be of opinion that according to our Capitulation Royall wee ought not to haue proceeded so farre without the knowledge and consent of the Electors But as we haue no wayes gone beyond this our Capitulation but euen before we set out the Bann punctually considered of all that was necessary to be taken notice of so did wee also desire nothing more then that a Dyet might bee conuok't for the due treating and aduising vpon this businesse Which Meeting being hindred by the continuance of the warres still prosecuted by the Palatine we could do no lesse for the taking downe of his courage then proceed by publishing the Bann against him which course of ours seeing it was neuer entended to bee prosecuted to the preiudice any wayes of the Electoral Colledge or against our owne Capitulation we hope that the Electors will not take otherwise seeing that we promise withall so to moderate it that no detriment or preiudice shall result thereby vnto the dignity Electorall As for the translation of the Electorate and your Aduice for the restoring of the Palatine there is I perceiue some difference in your opinions One part wisely and in fauour of vs affirming the great reason we haue to doe it and that wee can doe nothing therein which is not allowable by the Imperiall Constitutions the Chamber of the Empire and the examples of other Emperors in like case But for the other party which aduised his restoring we purpose not so farre to consent vnto it as to the restoring of him to the Electorall dignity seeing that in the disposing of it other-where we are resolued that we shall doe no more then wee haue iust reason to doe as wee haue formerly declared in our Propositions nor will we deferre the filling vp of the Electorall Colledge any longer seeing that no man can be ignorant how much the dispatching of it may concerne the Common-weale And as for the restoring of the person of the Palatine if you haue any better reasons to vrge then you haue yet done in his behalfe you shall see both in regard of his Person and his Cause excepting onely his restoring to the Electorall dignity how much our minde is inclined towards clemency and how farre wee will declare our selues to gratifie the Kings of Great Britaine and Denmarke the Elector of Saxony and other Electors Princes interceding for him Now as concerning our forbidding of the exercise of the Lutheran Religion in the City of Prage we doe not see how it any way concernes this Dyet to enquire of our Letters haue signified the causes that moued vs to beginne it vnto the Elector of Saxony nor can wee thinke that what wee haue done there any of the neighbour States or Territories need be suspitious of seeing that we haue sworn oftner then once in the word of an Emperor that wee will most religiously obserue the peace both of Religion and of ciuill gouernment throughout the Empire nor will we suffer any others any wayes to infringe it Lastly as for the grieuances of the Imperiall and Hans-townes wee very well remember as yet the sincere promises assurances and transactions as also of that we agreed vnto at Treaty of Aschaffenbug All which we haue hitherto beene most carefull to obserue most religiously and so still shall be vnlesse we finde cause to the contrary that so all cause of complaint may finally bee taken away from the Cities And thus much wee could not but aduertise this Illustrious presence of Electors and Princes and you the Ambassadors of those that are absent To this Replica or Reply of the Emperour the Electors and Princes returned this following answer vpon the 21. of February subioyning withall a Relation vnto his Maiesty VVEE haue gracious Lord and Emperor consulted amongst vs in our common Councell vpon your Maiesties Reply which wee suppose worthy your seeing But passing ouer in the meane to aduise vpon your three latter Propositions we found this to be the first and maine point what namely were best to be done that the whole Empire might with the Emperour enioy a solid peace vpon which it was the aduice of one party of vs that seeing the proscribed Mansfield is the man who hath so much infested the Empire wee of that party aduerse to him haue thought vpon the way to auert and take him downe which is to aduise Caesar to employ his Army Royall against him by the force of which and the ayd of the neighbouring Princes and States required by Caesar hee may bee driuen out of the bounds of the Empire and all his souldiers which shall continue obstinate may by a publike Edict of proscription and confiscation bee deterred from Armes and the neighbours may be forbidden any way to ayd him and commanded to prosecute him according to the vttermost of their power Which course if it bee taken and all the States of the Empire withall put in mind of their dutie to Caesar and of those Constitutions which may concerne either Religion or Peace we doubt not but that euery man may after that enioy his owne rest and tranquilitie Further as concerning that contribution to bee imployed vpon the making good of the confines of the Empire against the Turke we would willingly follow the pious examples of our Ancestors in that kind and yet know wee not how of our selues to consent vnto it vntill the matter may more fully be treated vpon in the next Dyet But considering withall the miserable waste that hath beene of late made in your Maiesties Prouinces and that your Treasury hath not for some yeares beene supplied by any contribution raised in the Empire wee cannot thinke this request of Caesars any way vniust and much desire that we were able herein to gratifie Caesar But seeing withall how apparent it is what continuall aydes wee haue faithfully lent vnto Caesar and what charges far greater then the ordinary contributions with the hazard too of our own Countries we haue beene at for the recouery of Caesars dignities and are now still forced to bee at for the diuersion of the imminent warres and that in the end so particular and small a contribution as wee are able to affoord could not much aduance that designe we hope that Caesar will hold vs excused if wee cannot herein affoord him that content which we willingly would But if this Proposition might be made to all the States of the Empire wee doubt not but they would be