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
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
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
hath held particular correspondencie and secret conference with the Commissioners of forraine Princes and especially hee hath had strict intelligence and practice with the disloyall Rebels of our Countrey fauouring many of their pernicious desseignes as appeares by writings of his own and others nay during the time of our refusing passage and commerce with the State of Millan he made a iourney twice to that Citie not without our great suspition and iealousie Which said accusations comming before the Court of Iustice and the Iudges calling into serious consideration our ancient Lawes and proceedings and carefully perusing and examining the foresaid Letters as also those written by Paolo da Sulmona Priest the 6. of Nouember 1608. by Signor Philippo Bishop of Como the 15. of March 1610. and by Fryer Francis Prouinciall of his order in Millan bearing date the 12. of Ianuary 1611. and by many other Letters addressed to him and by the testimonie of honest men heard and approued they all appeare to the Court to be true and iustifiable This man notwithstanding gainesayed all denied the confessions of those had beene tortured and executed made a ridiculous scoffe of the Letters and attestations labouring to excuse himselfe and put off the matter with a iest but withall he besought the Court they would proceede no farther against him but either send him to perpetuall banishment or condemne him to the Gallies Herevpon they adiudged him to bee tortured the first day hee was hoised thrice without any weight nor would hee confesse any thing the second day being twice drawne vp by the Pulley he seemed very feeble vpon this they let him downe to the ground and loosned his cords when instantly he dyed not without strong suspition that he had poisoned himselfe as appeared by the tokens in his body So by the Sentence of Iustice hee was carried by the Hangman to the publike place of execution and there buried A rumour was spred abroad by some false Calumniators that this Rusca was tortured to death in prison by the malice of those of the Religion but worthy men of both the Religions that were then and there present can witnesse the contrarie because during the two daies wherein he was tortured he was not in all aboue one houre on the Torture besides his torture was most easie but his death came by some other meanes as hath beene declared The first day of September Iohn-Antonio Giouer da Calanca was called in question whose owne Letter and others with their Processe and witnesses doe testifie that he had plotted to bring a warre vpoÌ„ his Countrey and to this end had sought to raise Forces in forraine States Iohn-Battista Zambra of whom we haue formerly made mention hath confessed that Giouer had not onely conueyed his Letters and directions to Millan but also that hauing written to him to be ready at the seruice of the house of Millan and to hinder the Leauy of the Three Confederations against the building of Fort Fuentes the said Giouer had returned him this answere That he would aduance the businesse as much as hee could He hath by his Letters and Spies discouered the secret Counsailes of the Three Confederations Generall to forraine Princes making offer to procure a good issue to their affaires rather then to those of his owne Countrey By his counsaile the passage of Millan was shut vp so was it by vs to them of that State yet he by his Office suffered many horses and other things to passe from this State thither and hath craftily wrought that the Salt and Graine of that State might be kept from hence hauing also secretly distributed money here to corrupt others against the Priuiledges of our higher Powers He hath contrarie to the Liberty of our Religion and publique Peace stirred vp certaine Comminalties of the Three Confederations Generall one against another by lies and false reports and namely he counsailed and helped to burne the Seates of the Protestants in the Church of Masoâ—h their Bels to bury vnder ground and driue out the Ministers wherein himselfe was a principall Actor and for which worthy seruice he was Knighted by the Pope to whom hee tooke his Oath contrary to the Allegeance he owes to his owne Countrey Hee published a counterfeit Proclamation at Morbegno in the name of the Three Confederations Generall That those who goe to Venice should not onely be denied entertainment and lodging but also hee that should kill any of them should be free from all danger of punishment or Fine Many other notorious outrages he hath committed not needfull here to be related Being therefore two seuerall times summoned to the Court of Iustice and not appearing he was banished and had like Sentence of condemnation with that of Captaine Rodulphus Planta The same day Processe was framed by due course of Iustice against Lucio di Monte chiefe Iudge of the Grison Confederation for that it was euidently prooued by his owne Letters and others and by diuers witnesses that he made his way to that Office by the money of forreine Princes assisting them and their affaires in matter of State with all his power receiuing at one time two hundred Doubles of Spaine from a Secretarie to a forreine Prince and from another Prince three hundred gold Crownes for the like seruice Hee hath likewise receiued much money from a certaine Embassadour of a forraine Prince and disbursed seuen hundred Crownes for obtaining the Office of Lantama or chiefe Iustice of Lugniz with corruption and presents and yet to the terrour of all men tooke his corporall Oath that he entertained no secret practice with any forraine State While hee was in his office of supreme Iudge and Lantama he countenanced and furthered the seditious tumult of 1617. whereby many good men were persecuted the Confederation of Cadè brought into great expenses and the Three Confederations Generall into extreme danger He hath further threatened when State matters were in handling that vnlesse they succeeded as he would haue them he would cause to be made such a hauock and spoile among them as it should reach to their destruction and losse of life He shewed his readinesse to receiue 50000. Crownes for solliciting the vniust Articles of the League with Millan and working vs to a consent thereunto wherein notwithstanding the rest of his Complices would not giue their consent for feare if the League should goe forward he would keepe all the money to himselfe Moreouer hee hath held strict practices with forrenners to the great preiudice of our State and hath dared to bragge that he had seuenteene of our Comminalties within the League of Cadè at his command and in the rest of our Confederations he was growne so powerfull and strong as he nothing esteemed the contrarie partie whereby hee became so insolent as he would force them to his ends by open violence or else threaten to kill them like Calues Lastly he hath demanded Armes with succours of forraine States against his owne Countrey Hereof
being conscious and of many other villanies he is fled the Countrey and Liberties thereof and being summoned by the Court of Iustice and not making apparance he was banished and receiued like Sentence of condemnation with Pompeius Planta Some few daies after Iohn Bishop of Coira was accused who eleuen yeeres since had beene banished by order of Law and impartiall iudgement of both the Religions of the Three Confederations Generall for many foule crimes and other transgressions against his Countrey namely for aduising and assisting that the Three Confederations Generall might not keepe their Oath and couenant which they ought with other Princes and forrain States their Colleagues and for receiuing and disbursing diuers summes of money that wee might oppose the Lords of Switzerland our faithfull Neighbours and Confederates Likewise he put his Bishopricke vnder the Protection of those that were our professed and sworne enemies and knowing himselfe guilty of this perfidie he laboured in case his villanies should come to light to hold the Office of a Legate in the Countries of Germanie Not long after contrarie to the Proclamation of the Three Confederations for his banishment he being confederate with the disloyall and traiterous men of our Countrey who had then the power of the Supreme Magistrate in their owne hands and returning to his Bishopricke at Coira whither he was brought by Rodulphus Planta chiefe head of the Treason against his Countrey he hath here continued in his former practices and persisted in his pernicious complottings against the State Hee hath robbed our House neere Fustemburgh in his Diocesse and hath placed therein a perfidious person and one banished our State Hee hath contrarie to Law taken away the Hereditarie Lands belonging to his Bishoprick from those that possessed them by descent but were not of his Episcopall faction and giuen them to others of his owne partie He hath aliened and conueied away diuers Lands from his Church without the consent or knowledge of the League of Cadè which is Visiter and Protector of that Bishoprick and hath employed wicked perfidious and temerarious persons in his seruice and against the State He hath preached in Villages of matters of State contrarie to his Oath and the dignitie of his calling He hath taken bribes in differences and suites in Law betweene party and party concerning the Limits and boundaries of our Countrey euer assisting that side which opposed vs. He stileth his confederates that are of the reformed Religion by the name of Heretiques when he mentioneth them to forraine Princes contrarie to the peace of our Religion and Countrey He hath denied them buriall in that part of his Iurisdiction which is out of our Countrey so as they are forced to bring the corps hither to haue Christian buriall besides many other Partialities And hauing had notice that his actions were made knowne to the Comminalties and Councellors he retyred himselfe last yeere out of our Iurisdiction and being lawfully summoned to the Court he failed to appeare Herevpon the honourable Court of Iustice proceeded against him the 15. of September this present yeere and vpon sufficient examination of his own hand-writing and others diuers witnesses being produced and heard and all the premisses cleerely prooued besides many other the Court hath decreed to adde new vigour to the former Proclamation of his banishment for life confiscating all his own proper goods and reseruing those of the Bishoprick and hath further commanded the League of Cadè and the Deane and Chapter of that Cathedrall Church to proceed as speedily as conueniently they may to the election of a new Bishop straightly charging and forbidding all men to harbour him in the Countrey and being taken there to haue his head cut off Processe was likewise framed against many others whose seuerall crimes offences for breuities sake we omit But besides the former wee finde other wicked men so much corrupted and bribed with Presents and Donatiues from the Ministers of the French King as they haue not onely promised to obserue the League in which case no bribes were needfull euery man being resolued to keepe his Oath and beare himselfe as became his honour and reputation but also to apply themselues in all things to the good will and pleasure of those publike Ministers and accordingly some seruants of his said Maiesty haue thrust themselues into businesses not comprized in the Articles promising not to giue passage through our Countreys as if they were their owne and not to giue their consent that we should enter League with any other These very men vpon acknowledgement of great Donatiues and expectation of greater summes promised haue likewise made themselues Vassals and humble Seruants to the Catholique Kings Embassadour in Switzerland he hoping by this meanes to obtaine his demand in our Countrey namely that the King his Master may be absolute Lord of all our passages And yet these selfe-same men haue taken money of the Venetians to further their demand of some Troupes of ours or else to haue free passage for those they should leauy from other places or at least if any should fauour their affaire to be silent and heare and see nothing By which meanes drawing to themselues the treasures of other Princes and impudently coozening both the one side and other they haue brought our common Countrey into discredit and dis-reputation hence it is that many of them who had but a small patrimony left them by their Ancestors come now to liue splendidly and grow infinitely rich Some of these men haue beene banished their Countrey and had they beene taken they had beene sentenced to be hanged and beheaded some haue forfeited their estates honours and Armes others put out of our Councels others haue lost their money and goods and many haue beene accused that haue cleered themselues who not beeing conuicted of any crime either by their own writing confession or testimonie of honest and Legall men they haue beene discharged without paying one penny of mulct or Fees of the Court whatsoeuer So that in conclusion whosoeuer vvill take knowledge of our manner of proceeding shall euidently see that we haue beene forced thereunto by vrgent necessity First that God the Lord of Hosts might be glorified who hath planted vs in this Ecclesiasticall and Ciuill Liberty and secondly that our common Countrey might be preserued by Iustice to the extermination and banishment of all Treasons the punishment of all notorious offences the aduancement of true vertue and loyall honesty the reformation of euill abuses and restauration of our ancient Liberty for the sincere and reall propagation thereof to our Posteritie And these are the true causes and reasons why we are falsely slandered and calumniated by our perfidious Countreymen and other malicious persons blaming vs to other Princes and forraine States as if this our Assembly and Iudiciall proceeding had been onely appointed for priuate factions wicked emulations hatred against the Romane Catholique Religion and despight of our Confederates ancient friends
long as this Capitulation shall continue That commerce negotiation and passage shall bee free through both their Countries and for all their Subiects without exception of persons of what qualitie and condition so euer but with this prouiso that in their Letters of credence there be no scandall nor bring in with them prohibited bookes and that in time of Pestilence or Plague the ancient customes be obserued And concerning the Toll of Cattle or other commodities which shall be brought into the State of Millan they shall enioy the like liberties with those already granted to such Swisse Cantons as are confederate with his Maiestie And in case it so happen that his Maiestie shall haue neede of the Souldiers of this Countrey to defend his Duchy of Millan he shall haue a Leauy granted him by the Three Confederations Generall of foure thousand men at the most and two thousand at the least but all to be voluntaries reseruing notwithstanding a power in the Three Confederations Generall to grant a greater number at their pleasure The choise of the Collonell and Captaines to bee made by his Maiesties Embassadour who hauing made the said Leauie hee shall agree with the Collonell and Captaines chosen for their Armes and Pay And in case his Maiestie would cause to passe into his Duchie of Millan through the Countrey of the Three Confederations Generall or of their Subiects any number of forraine Souldiours for the preseruation and defence of his Duchy or other his States free passage shall bee granted to his Captaines and Officers so as their Troopes consist of no more then two hundred men and that they bee alwaies distant one dayes iourney the one from the other Euery Troope also shall haue his Captaine or Leader and also one Commissary appointed by the Three Confederations Generall at the charge of his Maiestie to see that good order and discipline be kept for the auoiding of all inconueniences which Souldiours shall pay for their victuals and other customes and shall beare themselues quietly peaceably throughout the Countrey They shall beare no other Armes but Sword and Dagger if they bee on foote and they on horsebacke nothing but their Pistols and in case it shall appeare by proofe that these Souldiours haue damnisied the Countries of the Three Confederations Generall that then his Maiestie shall be bound to make restitution On th' other side if it should so happen that the Three Confederations Generall were set vpon in hostile manner by any Prince Potentate or free State that then his Maiestie shall be bound vpon euery their demand to send to their succours two thousand foot and two hundred horse vpon his owne expence till the warre bee ended and in case the Three Confederations Generall should stand in neede of greater succours his Maiestie shall be bound to send them forthwith But if the Three Confederations Generall shall finde it more for their aduantage or like it better to have money then Souldiours that then his Maiestie shall truely pay them ten thousand Crownes a moneth so long as their warre lasteth and shall lend them sixe Peeces of Artillerie and Munition thereunto belonging as farre as the vttermost bounds of the Countie of Chiauenna with condition that the warre being done the Artillerie bee restored It shall bee lawfull for the Three Confederations Generall and their Subiects to buy at the Faire of Como and Palanza in the Duchy of Millan all sorts of Graine for euery mans vse and necessitie with like freedome as those Swisse-Cantons doe which are in League with his Maiestie His Maiestie as Duke of Millan according to his wonted Princely Liberalitie and to testifie his gracious fauour to the Three Confederations Generall promiseth to pay into the Exchequer of each Confederation Generall yeerely vpon St. Iohn Baptists day three thousand Florens worth three shillings nine pence Sterling a-piece This paiment to beginne the first Saint Iohn Baptists day after the Sealing and Swearing of this Vnion And when any difference or dispute shall â—…se betweene his Maiestie and the Three Confederations Generall two Arbiters shall be chosen of either party who shall meet at Chiauenna or Lorico as the one or other parâ—… shall be Plaintiffe or Defendant and these differences betweene them in two moneths to bee cleerely determined and decided And in case any difference arise betweene priuate persons of both the States that then the Plaintiffe shall call the Defendant before his Magistrate and Iudge but in case they cannot here be agreed and their difference compounded that then each of the Parties shall haue choise of one able man well experienced in causes of Iustice out of the Aduersaries Countrey and then to cast Lots which of these two shal determine the difference That this present Capitulation shall bee no way preiudiciall to the League and Letter-*Riuersall made and giuen by the Three Confederations Generall with the Crowne of France but that that League and Letter shall still remaine in their force and their owne proper words That this present Capitulation shall bee perpetuall and hereditarie his Maiestie reseruing on his part the holy Sea of Rome the Sacred Romane Empire the High and Mighty House of Austria his League with the Catholique-Cantons of Switzerland and all other his ancient Leagues and Treaties And on the other part the Three Confederations Generall reseruing the Sacred Romane Empire their League and Letter-*Riuersall with the Crowne of France their perpetuall Vnion with the High and Mighty House of Austria their Confederation with the Cantons of Switzerland and all other their ancient Leagues which haue beene formerly inuiolably and effectually kept and obserued FINIS