by their own Judgments And seeing there is no Salvation out of the Church how can the Kingdom of Heaven belong to them who have rejected the Sacraments of the Church and despise the Priesthood to whom Christ has given the power of Binding and Loosing Now if there are no Priests ordained amongst them how shall they obtain remission of Sins and if their sins are not remitted how shall they be made Partakers of the Kingdom of Heaven Therefore the Promises of the Kingdom of Heaven belong not to them alone but they are rather to be esteemed in the number of them which Christ faith he doth not know They boast that they can shew how the Catholicks have many ways abused Religion and the Revenues of the Church let us see then what is to be blamed in this Particular According to the sacred Scriptures and the Canons of the Councils and Fathers the Revenues of the Church are to be distributed to the Bishops and the Ministers of the Church the Poor and the Buildings belonging to the Church and if need require to the Redemption of Captives in Slavery to Barbarians For above thirteen hundred Years the Custom has ever been to imploy these Goods in the maintenance of the Ministers of Religion and other such Uses as the saying Mass the Preaching the Word of God the repairing and building Churches the maintaining the poor Monks and Nuns But now do the Protestants dispose of them They Banish the Bishops and set others in their rooms who are a sort of meer Lay and profane Prefects on whom they bestow as little of the Revenue as they can possibly under him they set other Ministers who lead the miserable Multitude into Errors whilst they despise the sound Doctrine and the Sacrament of the Eucharist and give the People the whole Sacrament indeed which is nothing but unconsecrated Bread a Creature instead of the Creator and thus under the shew of true Religion they exercise Idolatry They say that hereafter they will imploy the Revenues of the Church to no other use but that of Schools and that they will take no part of them to themselves be it so But then by this very use the Catholick Religion is altogether prophaned and oppressed and this is a worse use of them than if they were applied to meer prophane uses and therefore this use is not to be approved by Catholicks This Writing as I said was composed privately and without order As soon as the Protestants knew of it they answered it and first they shew what was the true Doctrine to wit that which was contained in the Writings of the Prophets and Apostles and then they shew how contrary to this the Doctrine of the Papists was who had so many ways prophaned the Sacrament of the Lord's Supper who had brought in such abominable Errors concerning Purgatory and the Invocation of dead Men who take away and deny the remission of Sins by teaching Men perpetually to doubt of the Favour or Grace of God. That they had contumeliously treated Marriage which was instituted by God and in the mean time had in their pretended Celibacy contaminated themselves with those lend and horrid Villanies which St. Paul Commemorates From these things say they it will manifestly appear who have made a defection from the true Religion and seeing this is the true state of things they ought not to neglect those Ecclesiasticks who now do or hereafter shall imbrace the pure Doctrine And as to the Revenues of the Church every thing with the Roman-Catholicks was wonderfully corrupted the Benefice was instituted for the maintaining the Office but let us see what kind of Episcopal and Priestly Office theirs is without which the Church cannot be and Care ought also to be taken of Schools as has been observed from the times of the Prophets Their Bishops in the Interim make it their greatest Care to gain into their own Purses all those Revenues which should of right be given to the Ministers to Teachers Schollars Schools Hospitals and Alms-houses that thereby they may be enabled to live in all manner of Luxury and after the same manner they used the Religious Houses Was not their Bishop à kind of Lay Lord who when he first entred his Diocess came usually with a Guard of two Thousand Horsemen This is their usual Practice whilst none of them regard their Duty and Ofice what Reason what Conscience do they shew in any thing do they object Sacriledge and Rapine to others Their Doctrine they confess was condemned by Princes but it happened through the wickedness and fraud of those who made this Objection who disswaded Princes from reading their Writings But then that the Pope and the rest of his Followers condemned and rejected their Doctrine was no wonder for that Christ and his Doctrine was treated in the self same manner by Anna and Cayphas and the Sanhedrim of the Pharisees and Priests That they alked much of Councils and the Church but then neither the Councils nor Church had any Power to propose any new Doctrine or to command us to receive any other than what was left us by the Prophets and Apostles That what they said of the Consecration of Ministers was ridiculous for that ridiculous and ludicrous Unction was of no good use Lastly that this Paper was full of reproaches and injurious reflections but that they committed to God and chose rather to set forth the state of their Case in a few words When things were in this Posture King Ferdinand who had been desired by both the Parties to find out a way to an accommodation as I have said above about the beginning of August sent four deputies to the Electors and some of the other Princes to represent to them that in Obedience to the Emperor his Brother and in order to consult the welfare of his Country he came the thirtieth of December last past to Ausburg to the great dammage and hindrance of his own Affairs That finding few or none of them here he had been forced to attend a great while before he could propose any thing to them that is to the fifth of February and then he had first opened the Causes of the calling this Diet but then the Debates had been very long and no answer had been returned him till the twenty second of June and then upon one head only of the Consultation to wit concerning the Peace of Religion and that very Answer not fixed and agreed but contrary and opposite one part to the other That he feared long since that this would be the event and therefore he had desired the Electors to be present in the Diet and if in this they had complied with him he was of an opinion the thing might have been brought to a desired Issue As to the other head which concerned the publick Peace he had something to offer to their Consideration but because it was not likely that it could be dispatched in a short time and
17th day of April what 't is they desire and expect from the Emperor in relation to that Affair requesting that King Ferdinand would wave his design and not carry himself as King of the Romans But if the Emperor shall think that he has occasion for a Coadjutor that then being assisted by the sense and counsel of the Electoral Princes he should Interpret the Caroline Law and by his Edict give it a perpetual Sanction which according to the rules of Justice ought to run to this purpose viz. That hereafter no King of the Romans be chosen during the life of the Emperor unless first the Electors and six other Princes of the Empire shall judge it fit to be done And when it shall plainly appear to them that 't is for the advantage of the Publick then the Elector of Mentz shall Summon his Colleagues together with the other six Princes to some convenient place there to deliberate further about the Affair and when they have throughly weigh'd and discuss'd the Matter then the Electoral Princes alone with the addition of the King of Bohemia shall have the Power of creating a King That the King of the Romans thus chosen while the Emperor is alive shall not manage the Publick Administration in his own Name but in the Emperor's nor shall he arrogate any Power or Dominion to himself That the Princes and States of the Empire shall not be bound in any Oath or Promise unto him till after the death of the Emperor Upon the creation of a new King there shall no Oath be taken but according to the tenour of the Caroline Law nor shall it be in the Power of the Electors to alter that Form And whoever shall be convicted of acting contrary to that Oath or shall be under a violent suspicion of so doing and yet not be able to clear him he shall be depriv'd of his Electoral right for ever Moreover for the avoiding of Prescription three Kings shall not be successively created out of the same Family and no Man shall be created King of the Romans who does not descend from some Family of the Princes of Germany That neither the Emperor nor the King of the Romans shall endeavour to alter what the Caroline Law has ratify'd about the creation of a King. When the Electors shall see it convenient to create a King they shall be under no necessity of giving notice before-hand to the Emperor nor may he in that Case issue out his Orders to the Elector of Mentz to Convene the rest of the Electors but when they shall appear just and substantial Reasons for the Creation of a King during the life of the Emperor then the Archbishop of Mentz shall Summon in his Colleagues to appear at Franckfort upon an appointed day nor shall it be in his Power to appoint any other place for their Meeting unless the Colleagues shall for weighty Reasons allow of it The Elector of Mentz may not without the consent of his Colleagues demand the Crown and Scepter and other Imperial Ensigns from the City of Nuremburg Nor shall he cut off any thing from that in three months space which is allowed to the Princes for their meeting together after they are Summon'd for it might prove much to the prejudice of the Publick should the streightness of time occasion the absence of one or two of them While the Electors are upon their Consultation at Franckfort every body else shall be excluded If any Breach shall be made in these Conditions then the Electors shall not be oblig'd to appear there or to make any stay and whatsoever shall there be transacted by them shall be accounted void Neither the Emperor nor the King of the Romans shall suffer the Arms of the Electors to be display'd in Italy France or other foreign Parts or their proper Offices to be supply'd but by themselves or their Embassadors The King of the Romans shall not accept his final Inauguration but in the presence of the Electors or their Embassadors Neither the Emperor nor the King may hinder the Embassadors of Foreign Kings and Princes from coming to the Imperial Diets and there propounding their business for this is not only consonant to the Law of Nations but is also full of Humanity and Civility Neither the Emperor nor the King of the Romans shall assume to himself any peculiar Power of judging in such Causes as may be depending between the Princes of the Empire but shall suffer them to be legally try'd in the place where they ought That the Emperor be careful to Maintain those things which concern the Glory Honour and Safety of the Princes and the Empire and which he has faithfully promis'd to observe and that he rectifie whatever has been acted otherwise and that it be provided by a Law That whoever is King of the Romans he shall observe the same things If the Emperor will explain and confirm the Caroline Law in this sense the Duke of Saxony promises that he will not be wanting to his Duty whenever the Good of the Publick shall require such a Consultation but if the mediating Princes cannot obtain this of the Emperor he will not however decline a legal Trial provided that King Ferdinand does not in the mean time assume to himself or Usurp the administration of the Affairs of the Empire or any other Authority especially over them or over the two Brothers William and Lewis Princes of Bavaria But if they cannot obtain so much as this then their Request is That the Emperor would be pleas'd to give them a publick Audience in an Assembly of the Princes and other States where they will demonstrate upon what just and weighty Reasons it is that they cannot approve of this Election And now since they understand that they have upon the account of this their non-compliance incurr'd the suspicion of Rebellion not only with the Emperor but also among Foreign Kings and People they therefore earnestly desire that the Emperor would not take it amiss if they make known the reasons of this their action to all Men not only through Germany but also beyond the Limits of the Empire for this they find 't is but necessary for them to do Among other things it has been said That the Electors are to swear according to the tenour of Charles the Fourth his Law. Now the thing is thus When they are come to Franckfort having perform'd their Devotion they go up to the Altar and laying their hands upon a consecrated Book as they call it they in a set Form of words most religiously swear by that Faith which they owe both to God and the Empire that they will choose such a chief Magistrate of the Christian Commonwealth as they think to be worthy of so great a Charge and who is every way fit and qualify'd for it as far as the best of their skill and understanding will give them leave to judge and that this they do without the prepossession
he had promised you Supplies against us That your Majesty sued to the Turk for a Truce was a thing many wise men wondered at and could not but conclude it was for some great Matter seeing you were at peace with the King of France but now that your Majesty says you do it for the sake of the Publick I have nothing indeed to say to the contrary for it is long since Germany stood in need of some ease from the great Charges it hath been at We did indeed earnestly demand a Council but it was a free pious Council and that in Germany too now that we do not reckon the Council of Trent for such we fully declared to your Majesty at Wormes for all Laicks as they call us being excluded the Bishops and others who are bound by Oath to the Pope take to themselves solely the Power of Judging and Decreeing That I should propose some way for accommodation in Religion is a thing Sir I dare not venture upon without the concurrence of my Allies and I 'm sure that if I did so I should have but little thanks from either side for my pains but in the mean time provided it draw not into consequence I do not refuse a Conference with such as your Majesty shall please to appoint for that purpose The truth is I have no great hopes in the Council but believe that a Provincial Assembly of Germany might not prove unuseful for other People differ too much from us as yet in Opinions and Doctrine but in Germany matters are now come to that pass that they cannot be changed so that nothing could be better than if your Majesty would allow a liberty of Religion there but so that all should live together quietly and in peace I make no doubt but that the Conference you appointed at Ratisbonne was done by your Majesty with a very good intent but I had it from those that were present How some bitter Monks bring again under debate Points that were adjusted some Years since in the same place and are of so bad a Life and Conversation that no good at all can be expected from them Without all doubt the Archbishop of Cologne is a good Man and does what he does purely because he thinks it his Duty especially seeing the Decree of the Diet at Ratisbonne commits the care of the Reformation of his Church to him which truly he set about in a very moderate manner taking away no more than what was necessary should be and making but very small Alterations in the Goods of the Church Now the Book he published for that purpose agrees with the Holy Scriptures and is backed by the Testimonies of the ancient Doctors Tertullian Augustine Ambrose and others who lived nearest the Age of the Apostles if any harsh course then be taken against him for that matter it will be a warning to others who have made far greater Alterations To this the Emperour replied That he passed by the Treaty of Franckfort neither did believe the things that were told him of it nor had given any cause why he should but that yet he was much better satisfied by his discourse That he had indeed procured a Council to be called that it might both be beneficial to the Publick and that the Fathers who were there might of their own accord reform themselves and that it was none of his design that violence should be offered to those of the Augustan Confession because of any Decree that might pass there that the Conference of Ratisbonne was appointed for that very reason which had begun very well indeed if it had continued so That the Archbishop of Cologne though he had promised to supersede and delay did nevertheless proceed and force men to do as he would have them That it was the intent of the Decree of Ratisbonne that the Bishops should reform their own Churches but not introduce a new Faith and Religion and that it was added besides that they should draw up a formulary of Reformation and give it in to be considered of in the next Diet of the Empire but that he having turned out the ordinary Ministers and Pastors of the Church had of himself appointed new ones nay and more that he withheld the Revenues and Stipends of the Canons and appropriated part of them to himself carrying all things by his Edicts with a high hand so that the Clergy being necessitated to implore his help and protection he could not but according to the Power and Character he bore put a stop to him by contrary Edicts and Commands that in fine he was well pleased that the Conference betwixt his Commissioners and him should in no ways be captious nor ensnaring To which the Landgrave made answer That it exceedingly rejoyced him to see his gracious Majesty so well-affected towards Germany and his Associates and that he prayed God he might persevere in the same mind For said he if your Majesty according to that excellent Judgment God has endowed you with do but seriously consider and weigh with yourself how advantageous Germany is to your Majesty your Kingdoms and Provinces you 'l find that there is nothing more to be wished for than that all Ranks and Qualities may rejoyce and delight in you their chief Magistrate and your Majesty again use them as loving and dutiful Subjects For truly if Germany happen to be weakened it will recound chiefly to your Majesty's disadvantage I have likewise most joyfully heard what your thoughts and intentions are concerning the Decrees of the Council but that they should reform themselves is a thing I fear not to be expected for they are bound by Oath to the Pope judge alone in their own cause and though they stand in need chiefly of a reformation yet they look upon that as a thing can do them no great good and which will prove prejudicial to their yearly Revenues I doubt things are not carried at the Conference of Ratisbonne in the way and method they should be for not only Copies of the Proceedings are denied but also in the beginning our Commissioners were not allowed to have Clarks and Notaries As to the Archbishop of Cologne I can say no more but what I have already said He is a Shepherd and therefore desires to give good and wholsom Food to his Flock He thinks that to be his Duty and therefore caused a Form of Reformation to be drawn up nay and those who are now his Adversaries and especially Gropper were in the beginning most desirous of a Reformation but when they find it is come to that they shuffle and draw back Here the Emperour interrupting Ha said he what can that good Man reform He has hardly a smattering in the Latine Tongue In all his life-time he never said but three Masses of which I myself heard two nor does he know so much as the very Rudiments of Learning But he carefully peruses German Books answered he and what I know
Albert give him for a Co-adjutor they not only not-approved it but also refused to give him his Name and Title though they had been often called upon to do so And when after the death of Albert he succeeded they would neither acknowledge him for their Bishop nor do homage to him persisting in that obstinacy so long as he lived though many Great Men often interceded Now their design in so doing was that they themselves might invade the chief Government as may easily appear to any that will consider their actions And though in the Declaration they published with a design to raise Commotions they endeavour to persuade the People that they are faultless and innocent and that they suffer only for Truth 's sake and Religion yet it is quite otherwise For neither have they been any ways letted in their Religion though they seized our Churches Who bore with them patiently because they promised to answer for what they had done in a lawful Council But they not satisfied therewith combined into a Confederation and League which was not lawful for them to do without the consent of us and the Archbishop acording to Compacts made and would force us to be of their Religion From whence it is apparent enough that it was not Religion but Church-Lands they wanted and that they acted so that they might cloak their Rebellion and Perfidie with some honest pretext Many things have they seditiously done against the Emperour and States of the Empire nor can all be reckoned up only we 'll touch at those things which properly concern us And in the first place about four years since in prejudice of their Faith and Engagements whereby they stood bound to us they gave us open defiance and having invaded our Houses and Possessions banished us and committed some of our number to prison where some are still detained and others died More than that they razed our Houses to the very ground reduced under their own Power Towns Lands and Governments which belonged to our Jurisdiction and having fortified their Town that they might the more safely rebel they imposed a Monthly Assessment and other burdens upon the People Churches and Religious Houses they partly demolished and partly defaced converted the Bells taken out of the Steeples into great Guns dug up the dead Bodies not only of Priests and Monks but also of the Nobility and Gentry and with them filled up their Works and Ramparts Statues Altars and the Monuments of the Dead they took and built into their Walls Out of the Churches that remained entire they drove all Religious Worship They plundered the Churches of all their Ornaments and Jewels and of all the Writings and Records they found therein driving the Priests and other Officers of the Church with Fists and Clubs out of God's house and from his very Altars In several places they have imposed new Customs and Duties quite contrary to the usage of the Country Nay more in a tumultuary manner they broke down the Monument and Sepulcher of our Founder the Emperour Otho the Great And these are all Domestick Villanies But not herewith contented they broke into the Bishoprick of Halberstadt and there ransacking the Monastery of Hamersleber drove the Priests from the Altars where they were officiating of whom they wounded some and killed others and profaning all things Sacred they trampled under foot the Consecrated Hoste Afterwards having put themselves into the Habit of Monks and so acted many scornful and outragious parts they returned home loaded with spoils and booty But without any cause they broke down a Bank or Dike which cost a vast charge in making and was very useful in those places burning and breaking down the Bridges that no body might pass that way They lay in wait also for our lives and do so still so that without danger we can neither live at home nor be abroad with our Friends And if they suspected any to have entertained us in their Houses they set upon them in the night time robbed them of their Goods and carried away many Gentlemen Prisoners some of whom they rackt and tortured Many Ladies also and young Virgins they stript of all their Apparel and Ornaments and put them in fear of their Lives nor did they refrain their hands from young Children neither In short hardly do we think that any such Example of cruelty can be shewn amongst the Turks and if an estimate were taken of what they have made of our Goods and of the damage they have done it would be found to amount to the value of at least eight hundred thousand Florins Not to mention in the mean time the reproachful railings they have used and the scandalous and defamatory Libels and Pictures they have set forth in contempt and scorn of the Emperour and States of the Empire nor the injuries that for almost twenty seven whole years past we have suffered from them For they have thrown Stones and kennel-Dirt at us set upon us in the Streets with horrid clamour and noise chased and hunted us from place to place many times set fire to our Houses and Doors in the night time with Stones broke our Glass Windows and in short used all the insolencies against us that they could devise It is but four years since that we having met in our College at the desire of the Consuls they required of us first that we would profess the same Religion that they did And then that for the preparations of War we should in a Weeks time pay them down twenty thousand Florins Afterwards they entred the Church whither the Citizens came flocking in great numbers and there in a tumultuary manner cast out the Priests shut the Church Doors and demanded of the inferiour sort of Priests a great sum of Money which they not being able to pay they chased them out of the Town and banished them After the self-same manner also they treated the other Church-men seizing into their hands all their Lands Goods and Possessions Wherein they have transgressed not only the Laws of God and Man but also their own Promises and Compacts For we are their Magistrates and it is to us chiefly they owe their Wealth and Fortunes But when George Duke of Meckleburg took lately into his service the Forces that had served both in the besieging and defending of Brunswick to the number of above three thousand Men and without our knowledge made an inrode into the Country about Magdeburg and Halberstadt They truly with a great deal of arrogance came out of the Town with intent first to drive out the Enemy and then to turn all the force of their Arms against us that they might utterly destroy us For they had two Tuns full of Halters and had hired Executioners with their Swords that they might hang up some and behead all the rest But through God's Blessing it fell out quite otherwise For though they were about eight thousand strong yet they were overthrown and above two
State and how much it will be expos'd to Misunderstandings and Tumults of the truth of this Allegation the Emperor's Edict which was then publish'd is a sufficient proof It was never their intention to plead in bar to the Jurisdiction of the Chamber in any Causes but those of Religion and they believ'd that Court could not prove the contrary upon them But they were very much troubl'd to hear from his Excellency that the Emperor had given the Chamber Authority to determine the quality of the Cause for they did believe all those Causes to be of a religious Nature and they were really such which could not be decided till the Extent of the word Religion was defin'd in a lawful Council which thing both by Letter and their Embassadors they had several times acquainted the Emperor and King Ferdinand with For this Dispute concerning the meaning and latitude of Religion is a preliminary Question and ought to be setled by the Council before other matters which relate to it are determin'd And in regard Benefices ought to be bestowed in consideration of Merit and Function They said they could not allow that those in their Dominions who were of a different Religion from themselves should enjoy the Revenues of the Church to which they had no manner of right because they were either unwilling to discharge their Office or wanted abilities to do it and since Conscience is more than ordinarily concern'd in the present case the usual Pleas of Law founded upon the right of Possession or Restitution ought not to be urg'd Moreover when the Treaty of Nuremburgh was on foot they particularly mention'd all those Suits and Difference which were then depending in the Chamber and in other Courts and represented them under the notion of Ecclesiastical Causes to the Princes of the Mediation who promis'd that they would endeavour to perswade the Emperor that they should be all exempted from the Jurisdiction of the Courts which was also promis'd by King Ferdinand at the Convention at Cadan besides it 's plain from that Clause in the Emperor's Edict which stops all Prosecutions of this nature that the Chamber of Spire has no Authority to determine the Quality of Causes And to say nothing more severe they could not choose but observe that the apparent Inclination of that Court to give Judgment against them had made a great many Persons much bolder and more contentious than they had formerly been which they were able to prove more than one way For when those of their Party moved that Court in any Cause their Suit was not only rejected but they were sent away with reproachful Language And lately the Hamburghers were commanded by them not only to restore the Clergy of their City their Goods and Estates but also to return them their old Religion and Jurisdiction back again and because they could not do this with a good Conscience they were amerced in a great Sum of Mony and therefore there needs no more Instances to let the Emperor understand what the Design of that Court is for if any Cause relates to Religion this certainly does But if the Judges are allowed to proceed in this manner the Truce serves to no purpose If the Rites and Ceremonies which were abolish'd may be lawfully restor'd by such Methods as these there will be no need of Council and yet the Emperor is pleas'd to grant that all Differences of this nature ought to be determin'd there and since their Exceptions against the Proceedings of the Court were not consider'd they were forc'd to decline the Jurisdiction of it As concerning the Persons of the Chamber there was not above one or two of the whole Bench of their Religion what Provision was made at Ratisbone for this Affair was well known it being apparent that those who were most violent against the Reformed were most acceptable to the Chamber nay a man may plainly discover how they stand affected by observing the air of their Countenances when they are trying of Causes and therefore they hope his Imperial Majesty will send them a positive Order to desist As for the Penalty which his Excellency mention'd was decreed at Ratisbone against Mal-administration that was no advantage to them Indeed if the Cause had related to Property and secular Affairs they might have had a compensation this way but matters of Religion were too weighty to be satisfied with Costs and Damages However if the Emperor is of opinion that they have intermix'd any civil Causes in their request they are willing this matter should be tried provided there may be a stop put to the Proceedings of the Chamber in the mean time Now as concerning those who came over to their Religion since the Pacification of Nuremburgh they confess'd that some few years since the Princes of the Mediation did insist at Schweenfurt that no more might be admitted into their Association which Proposition they then rejected and afterwards at the Convention at Nuremburgh they persisted in the same Opinion As to what his Excellency objects in reference to the Promises and Articles by which several of the States had engag'd themselves not to make any alteration in Religion To this the parties answer That some of them promis'd nothing others in private Treaties reserv'd this Liberty for themselves a third sort it 's true did engage themselves but it was upon the assurance which the Emperor gave them that a Council should be intimated within six Months and opened the year after But since this Assembly was delayed beyond their expectation and God had been pleas'd to give them a fuller apprehension of the true Religion they could not defer so good a Work any longer but thought it their Duty to make an open profession of that Doctrin which they were assur'd had both Truth and Piety to recommend it This the Canon-Law it self would justifie them in for from thence they had learn'd that if any Person had sworn to do a wicked Action this Oath did not oblige Besides as their Adversaries would not refuse any one who offer'd himself for a Convert so neither did they think it lawful to bar any person from coming over to themselves Therefore their earnest request to the Emperor was That the Judges might be check'd and that not only themselves but those who joyn'd them afterwards might be comprehended in the Peace For if matters should be otherwise carried and any violence should be offer'd they could not desert those they were allied to both by Vertue of their League and Religion This had been already declar'd to King Ferdinand at Vienna and that with a great deal of reason for the Cause of these later Confederates no less than their own belongs to the Cognizance of the Council But if the Judges of the Chamber will fore-stall the Hearing and hale in the business of the Council to their Court this is no less than down-right Force and Injustice against which by the Laws of Nature they are bound to defend themselves
now how unfortunate such Methods will be and what will be the end of them so wise a Person as the Emperor must needs fore-see As for them they desir'd nothing more than Peace and were willing to gratifie the Emperor in every thing which lay in their power but with this condition That every one might have the liberty to profess the true Religion which request being granted they should be more ready to comply with the Emperor's and King Ferdinand's Demands in reference to the Turks and the Imperial-Chamber As touching the Council to which they were invited by the Emperor they had seen a Copy of the Bull which was publish'd by Paul the Third upon this occasion by which they perceiv'd that the Pope's Designs and the Emperor's were not the same For notwithstanding Adrian the Sixth had frankly confess'd by his Nuncio at the Diet at Nurembergh that almost all things were very much out of order of Rome and promis'd to use his endeavours that these Irregularities should be rectify'd in the first place yet his Successor Clement the Seventh who sent this Nuncio to another Diet in Germany two years after went a quite different way to work insomuch that the Embassadors of the Emperor and the rest of the Princes made a Decree there for the calling of a free Council in Germany that the Church might be clear'd of all Errors and Corruptions in practice which had insensibly crept into it This Decree was afterwards approv'd by the Emperor at the Mediation of the Elector of Mentz and the Palsgrave But a year after Pope Clement propos'd a Council of a very different Form from that which was agreed on in the Diet and appointed Italy for the place which they then refus'd to consent to which Proposition was afterwards renew'd by Paul the Third his Nuncio to whom they return'd the same answer as before that the Pope is now carrying on the same Design appears by his Bull though he does not think it proper to speak out so much as Clement did For where he speaks of Heresies which are lately sprung up they have reason to believe he meaneth their Doctrin which he has as it were condemn'd before-hand under that notion for what a severe opinion he has of their Religion intending no less than the utter Extirpation of it is plain by those Punishments with which he Percutes innocent People only for the profession of it and yet at the same time he hath the Impudence to pretend as if he only design'd to purge the Church of those gross Errors and Corruptions which have been so long and so sharply complain'd of by so many Men of Piety and Learning With these Subtilties he had prevail'd upon the Emperor to call upon them to attend the Council which his Majesty would never have done if he had understood his Holiness's Tricks With the same flattering Pretences he solicits Kings and Princes and themselves among the rest to admit the Council that by this means he may hook them in to applaud and defend his wicked Project and by their approbation of the Council condemn their own Doctrin themselves which Artifice Julian the Apostate formerly made use of to circumvent the Christians in his Army And notwithstanding the Pope gives such apparent signs of being their Adversary yet he continues to arrogate the authority of a Judge to himself which is contrary to all right and reason and is backed in this usurpation by the rest of the Prelates who are tied to him by Oaths and several other Obligations Now how unreasonable such a Claim is and how dangerous to be granted the Emperor and other Princes they presume may easily understand For by the blessing of God their Divines had abundantly shewed that the Popes had broached several Errors in the Church and maintained Tenents not only contrary to the Word of God but to the ancient Councils and Fathers That they had made a great many Laws without any Warrant from God Almighty by which the true notion of Religion was quite stifled and suppressed therefore they intended when they had the opportunity of a lawful Assembly to accuse the Pope and his Adherents of these high Misdemeanors and to prove the Crimes charg'd upon them Besides by what wicked Practices by what uncreditable and indirect Methods of force and deceit they raise themselves to these Dignities what a lewd life they lead what a scandalous example they set how perfectly they abandon their Function how they neglect the people committed to their care and riot in all manner of immorality is so notorious a Truth that to talk any further of it would be superfluous Therefore neither for these reasons can the Pope have any Authority no not by his own Canon-Law to intimate a Council much less to preside in it neither ought his sworn Adherents take upon them the Office of a Judge since they have not so much as a right to Vote in a lawful Council Farther they said That Italy was made the Seat of the Council in direct opposition and contempt of what was decreed by the Emperor and the State of Germany Neither as yet had they any assurance that other Christian Princes would like the place and moreover they had great reason to suspect it was not safe for them and their Party to come thither For notwithstanding they may have a safe Conduct drawn up in ample and satisfactory manner yet because those places are most possess'd by the Popes Vassals who mortally hate the Reformed Doctrin they must lie expos'd to Treachery and secret Practices which are very formidable dangers in that Country and since this Debate is of the most important nature imaginable it being impossible for the World to produce a greater for the eternal happiness or misery of Men is concern'd in it and since the weightiness of the Affair obligeth them to appear there in considerable numbers with their Divines and Pastors of their Churches and not trust a matter of such Consequence with their Embassadors and Proxies it would be very inconvenient for them to be forc'd to travel out of the Empire and go into Italy and leave their Country and Subjects without a Guard and their Churches without Pastors for any considerable time especially at this juncture when there are such Misunderstandings and Animosities among the Germans therefore they earnestly beseech the Emperor that he would please to allow the Reasons they had laid before him a full and distinct consideration and since he was the chief Magistrate to whom the support of the true Religion did more especially belong that he would make it his principal Endeavour that the right way of Worshiping God might be taught under the Countenance of Law and spread into a farther extent As for themselves they embrac'd no Doctrin that was wicked nor aim'd at any thing but the Glory of God. This Answer of theirs concerning the Council was approv'd by the Embassadors of George Duke of Brandenburgh and of the Cities of
Infamy and Disgrace of so great an Assembly that the Divines come when they would should have a full hearing about all things and be most courteously used that if any thing should offend them or seem to be partially carried they should have liberty to depart when ever they pleased that they earnestly desired they would have respect to the Times and not to expect that all things should be granted them at once that when Matters came into agitation most part of what they demanded might be occasionally obtained which now seemed somewhat too hard that the Fathers were very desirous of Reformation and would not be wanting in their Duty that they much longed for the coming of the Divines whom they would treat with all Civility and Kindness and that they themselves had Matters of great importance to propound but were desirous that the Protestant Divines would break the Ice that so they also might appear in due time that what they demanded likewise as to the Pope's submission they begg'd they would be a little more reserved as to that point that the Fathers were very sensible that in so high a Pinacle of Dignity several thing were to be found fault with and ought to be reformed but that nevertheless such a thing was to be managed by fine and quaint measures that it was the will and desire of the Emperour that all things should be carried on duly and lawfully but that they had daily experience how tenderly and slily the Pope's Legates were to be handled for that it required singular Art and Dexterity to manage them that they should therefore acquiesce in what was now obtained for them not without great trouble and pains and hasten as much as they could the coming of the Divines that both in their publick and private Capacity they would be ready to do them all kindness and having proceeded so far they gave them a draught of the safe Conduct which they desired them to read over and then send it back to them again This past Januuary the Twenty second in the morning After they had so dismissed them they presently sent for the Ambassadors of Wirtemberg and in the first place made an excuse for what was past because of the extraordinary business the Fathers had been engaged in but that now if they had any thing to be done they were ready to serve them They made answer That a good while since they had had Matters to propose and that they desire Admittance as soon as possible These being also dismissed they sent for the Deputy of Strasburg and discoursed him much after the same manner He gave them a short account of the business he was sent about by reason Don Francisco de Toledo was there to whom he had not spoken before that he had no more to say at present but expected Letters from his Principals for he had Orders upon the arrival of the Ambassadors of Duke Maurice to write immediately to the Senate to acquaint them with their Instructions and then to expect farther Orders from home but in the mean time he entreated that what was communicated to them by the Mauritian Ambassadors they would presently bring under publick debate They replied That some things they had to treat of with the Ambassadors of Duke Maurice and Wirtemberg and that when any thing was done therein they would impart it to him that he might acquaint his Principals therewith that they heartily wished for Agreement and that the Emperour bent all his Thoughts and Care that way that they were very desirous Matters might once be brought upon the Debate and that they made no doubt but God would Bless all honest Endeavours When these things were over the Ambassadors of Saxony Wirtemberg and Strasburg consulting together examined and weighed the draught of the safe Conduct which they had received And because they had before drawn out the Heads of the Decree of Basil those especially wherein the stress of the business lay that they might have them before their Eyes it was no difficult matter by comparing them together immediately to observe wherein this differed from that Having run them over they presently found that the chief places were partly altered and partly omitted for in the safe Conduct that was heretofore given to the Bohemians there are these things amongst others That also they should have the power of deciding that in every Controversie the Holy Scripture the practice of the Primitive Church Councils and Expositors agreeing with the Scriptures should stand in place of a Judge that they should have the free exercise of their Religion at home in their own Houses and that nothing should be done in contempt and disparagement of their Religion The first third and last of these were omitted the second and that which is indeed the principal was plainly altered Having observed these things they themselves drew up a form consonant to the Decree of Basil but in the mean time whilst they were busied in drawing up that from Don Francisco de Toledo sent a Servant once or twice for the Paper fearing as it should seem too strict an Examination However they went on and having finished it at length the Ambassadors of Duke Maurice return to Don Francisco de Toledo and comparing the one with the other shew him what they found wanting in his Then began he to storm and huff and why were not they content with that which had cost them a great deal of Labour and Pains in the obtaining that there was security enough in conscience provided for those that were to come that safe coming and going was the chief point to be mineded and that the rest signified nothing but only in relation to the way of proceeding which might be far better adjusted when the Divines were present than then They made answer That they durst not transgress the limits of their Commission which was that they should not accept of a safe Conduct different from that of Basil Two days after all the Fathers met in the Legate's House in the morning and with them the Emperour's Ambassadors who sent for the Ambassadors of Wirtemberg thither as they had told them they would two days before Being introduced they were bid speak what they had to say so having produced their Commission and made some little Preamble they presented their written Confession of Doctrine and gave it in to the Clerk of the Council according to Custom and then told the Fathers That there were Divines coming from the Prince who would handle all the Points more at large but upon these Conditions First That fit Judges should be chosen by consent of both Parties who might hear the Plea of the Divines and judge uprightly of the Matters in Controversy for since the Prince understood that the Doctrine of his Divines in most things was repugnant to that of the Pope and Bishops who were all many ways bound and engaged to his Holiness it seemed very unreasonable and unjust
to him that they who were Parties whether Plaintiff or Defendant should take to themselves the power of Judging Again That it was a Decree of the Diet at Ausburg that the Council should be continued and all things carried on in a right and pious manner that their Prince had always understood it so that what had been done in the Council in former years ought not to have the force of Laws but that all things should be reviewed again from the beginning for what Law or Justice would it be when two are at Law that one of the Parties absent upon a lawful ground should be obliged to ratify and approve the Sentence pronounced in his absence Besides since not only in the former Council but in this also there had been many Decrees made contrary to holy Scripture and many ancient Errors also confirmed as might be demonstrated the Prince demanded that they should be of no authority but all submitted again to a fair and lawful Tryal And all these Heads he gave in in Writing with the confession of Doctrine Having done so their Answer was That the Fathers would in due time tell them their thoughts as to the matter and so they were dismissed The same day towards the Evening the Ambassadours of Duke Maurice were sent for to have Audience in the same place When they were come they delivered their Masters Demands in the long Speech to the same purpose as they had lately done to the Emperours Ambassadours but that it was more pithy in the close where they boggled not to say That the Worship and Service commonly performed in Papist-Churches was not the true Religion but a painted shadow of Devotion Having done speaking they delivered in the same Speech in Writing to the Clerk I mentioned and they had an Answer in the same terms as those of Wirtemberg had before Amongst other things it vexed them exceedingly as was known afterwards that their Religion had been called by so base and contemptible a name The Ambassadours purposed to have delivered their Commission in a publick Session but to avoid that which they knew would have been done the Fathers gave them a private Audience for either they must have done so or have left all to a publick Debate They had brought with them indeed the Confession of Faith that was drawn up as I said by Melanchton but for what cause I cannot tell they produced it not The day following which was the Twenty fifth of January the publick Session was held and the Legate went to Church in the pomp we mentioned before There was a greater number of Soldiers then and a greater confluence of People from several places expecting great matters should be done that day After Mass and all the Ceremonies were over it was publickly read from the Pulpit That for the sake of the Protestants all matters were put off to the Nineteenth day of March by which day they were to be present to propound what they had to say that the Council did condescend to that out of kindness to them hopeing that they came not obstinately to oppugne the Catholick Faith but with a desire to learn the Truth and at length to submit and obey the Decrees and Discipline of the Church that a safe Conduct had also been granted them in a more ample manner that nothing at all might be wanting and then that the Sacrament of Matrimony was to be handled in the next Session Three days after when nothing appeared the Ambassadours of Duke Maurice dineing with Don Francisco de Toledo desired a sight of the safe Conduct that had been promised He gave them a civil answer but when three days more were past the Deputy of Strasburg at the desire of the rest went to Poictieres and complained that now in six days time they had received nothing that there had been delay long enough before because the safe Conduct was not full enough and that now again time was protracted but that the Divines would not come before their Masters were satisfied with the safe Conduct He made answer That it was not any fault of his and that he wondered why Don Francisco de Toledo who was chief of the Embassy deferred so much that he would presently go to him and made no doubt but that the matter would be dispatched the same day that he would send him word of what he learnt from him and so going out together he went to his Lodgings This was on the Thirtieth of January Some hours after all the Ambassadours are sent for to the Lodgings of Don Francisco de Toledo where Montfort also was present but Poictieres spoke and first makes an Apology for the delay that had been made enlarging much upon their own sincerity in the affair and the honourable Intentions of the Emperour their Master and then he urges them to hasten the coming of the Divines with all speed which they thought they must needs do having once received their safe Conduct At these words Don Francisco de Toledo arose and gave every one of them a Copy of the safe Conduct signed by the Clerks of the Council They withdrew to peruse it and found that the places which they had corrected before the Session were not altered wherefore they came back to them again and complain of that shewing them what it was they desired to have done in every Article of the same The Ambassadours of Duke Maurice also were willing to know of them what answer the Fathers made to their demands which those of Wirtemberg likewise desired Poictieres spoke again and as to the safe Conduct made answer That to demand liberty to be granted to their Divines to sit in Council and decide was done a little too early by them that if they were once present and engaged in business many things perhaps might be occasionally allowed them which now were refused that no Man was indeed against it but that the holy Scripture should be the Judge in all Controversies but that when any debate arose about the interpretation of Scripture who was more to be believed than a Council That Scripture was an inanimate and dumb thing as all other Political Laws also were but that the Judges Mouth must go along with it to make it to be understood and that that had been the custom ever since the Apostles days when any doubts arose That it was not indeed expresly granted to them that they should have the exercise of their Religion in their Houses but likewise that it was not forbidden that they had no reason to fear that any thing would be done in contempt or reproach of their Religion and Doctrine because severe Orders would be made to the contrary for that it was the Emperours will it should be so as the Fathers hated all sawcy and intemperate Language and that seeing they met for the sake of peace scurrilous and opprobrious Expressions would not be allowed in any manner They answer their demands much