THE PROCEED OF THE GRISONS, IN THE YEAR 1618. WHEREIN ARE TRVELY and clearly laid open the lawful and urgent causes of calling an Assembly of the Commons: and of their due proceeding and Honourable prosecution of justice, which they were enforced to use against some false and perfidious Patriots, in a full Congregation, and with absolute power met together at TOSANA. IMPRINTED AND PUBLISHED BY Commandment of the Lords the Heads, the Counsellors and Commons of the Three Confederations of the Renowned Free States of the Grisons: in maintenance of the Truth, and removing all manner of calummation. ANNO. 1619. TO THE READER. He that will take an exact Survey of the known World, beginning at home, and going as far as Travel & History can lead him, shall find few people which are Aboriginalls, and first Inhabitants of the Cities or Countries they now possess: But by settling of Colonies, or Inroads and Inundations of War, have been transplanted. The Saxons hither: the Cimbrians into France: the Gauls into Italy: the Vandals into Spain: the Greeks' into the Kingdom of Naples: the Scythians into Turkey: the Turks into Greece; And these Grisons into this part of the Alps, anciently called Rhetia, than Canninia; after, the upper Slesia; and now lastly, in their own Language Growpijndter or Confederations. This Country had the name of Rhetus, who fled out of Tuscany from the fury of the Gauls, in the year 187. before the coming of Christ, and led with him many of the Inhabitants about Florence, Pisa, and Lucca, seating them in these high & in-accessible Mountains: And as a few weatherbeaten Troyans' laid the foundation of Great Rome, and some few fugitive Citizens of Vincenza, Padua, and other Towns in Lombardy (fleeing the rage of the barbarous Goths,) planted themselves in the Adriatic Marshes, where they first began the renowned Venice: So this handful of Tuscans hear planting and settling themselves, are now grown to a warlike, strong, and populous Nation. Such a fruitful mother of children is Necessity, begotten by old Time their Father; that (as the mother of Cyrus dreamt) there springs a Vine in her womb, by which in time whole Countries are overshadowed. This Country lieth between the Degrees 46. and 44. in Latitude: part in Germany, and part in Italy; divided by the Ridge of the Mountain Splugen: On this side they speak Dutch, on the other, Bergamasque Italian. They have free exercise of both Religions, Reformed and Roman. Here the Rivers of the Rhein and Tesin have their heads; that, dividing itself into several Branches, and disemboking into the Germane Ocean; this other falling into the Po, is carried by him into the Venetian Gulf. It confineth East upon Tiroll, West upon the Swisse-Cantons, North upon Constance, Friburg, and some parts of the House of Austria, and South upon the Country of Bergamo and State of Milan. The hither part is Mountainous, and therefore not so well able to sustain the Inhabitants; yet are there many fruitful Valleys, which, (besides their frugal and parsimonious manner of living) supply that want. Among these is Valtelina on the Italian side; for this is so plentiful of Corn, Cattle, Wines, & other fruits, as any part of Europe. The chief Towns of this fruitful Valley, are, Bormio, Sondrio, Tirano, Posclavio, Morbegno, Traona, and Telo, whereof the Valley takes the name, wherein are above 100000. souls. The part on this side hath many Castles and Towns, whereof Coira is the chief. It standeth upon the River Lasgar; it embraced the Christian faith the year 448. and in 744. had many privileges granted by Charlemagne, and the Bishop thereof made Rector of Rhetia: Among other Liberties it hath the coining of Money, which passeth currant through the whole Country. The nature and manners of this people may be read by the Character of the Swisseses: For, lying in the same Latitude, and inhabiting the like Mountains, herein also they are like unto them. A people given to Tillage and Planting their grounds; feeding upon Butter, Cheese, Fish, Bread, roots, Wine, and but small store of Flesh; using little Merchandise, but much manifacture, borne to Arms, and brought up to labour; much addicted to exercise, especially the harquebus, having in divers Towns and Villages Prizes for them which do best. They are also much delighted with hunting in the Mountains, of wild Goats, Bucks, Bears, Wolves, and wild Boars: holding it a great honour to take of these Beasts, and for a Trophy to nail their heads on their gates; for which also sometime the State rewards them. They are (only on this side the Country) subject to the Swiss and Dutch fault of excessive drinking. Their Country is divided into three Cantons or Confederations. The first is called, The Confederation of Cadè, or Ca-di-Dio: (that is, God's House:) the second is, Lega Grisa: and the third, Lega delle Dritture, or jurisdictions. Cadi Dio contains the City & Territory of Coira, the Valley of upper and lower Agnadina, with Bregaglia: Lega Grisa contains the Valley of Mesolce, and Calanca, with the Lands of Rogoret & Musocco, with other Valleys beside, on this side the Ridge of the Mountains: the Dritture contain the rest of the Country. The first comprehendeth 21. Commonalties or Corporations: the second 19 the third 10. These three Cantons make the Confederation General: for though each of them have their peculiar Magistrates, Laws, Customs, and justice civil and criminal, yet the highest power and last Appeal is to the Senate or Assembly of the Three Cantons together: called by them the Pibach. Whereunto the first Confederation sends 23. Deputies or Commissioners: the second 28. and the third 14. Where, they propound, consult, and determine only that, for which they have direction and command from their several Cantons. To this Senate likewise belongeth to treat and conclude Peace or War, to make or revoke Alliances and Leagues, to establish or abrogate Statutes and Laws, to determine any difference between either of the Cantons, or resolve any business concerning the general good of the whole Country. The places of Assembly are these; Coira in the first Confederation: Illiantum in the second: and Davosium in the last. But if the Three Confederations are to treat a Business, which they would have kept secret, there are only admitted into Council, the Consul of Coira, the Provincial judge of the Lega Grisa, and the Amano or chief justice of the Dritture: yet the voice to confirm all, is that of the People; if there be any Appeal. For controversies among themselves thus: If a difference arise between the Three Confederations, three or four persons out of each are deputed (with discharge of their Oath to their own Confederation) to arbitrate and compound the business. If two be at difference, the third determines it. If between any of the Commonalties, the Senate of all Three Confederations jointly depute judges of the business. If between a private man & the Confederations, two or three judges are appointed out of every several Confederation. If two Confederations have a difference with the third, six of the two Confederations, and six of the third are chosen for judges: and in case these agree not, one only judge is chosen by the voice of all the Commons. The first League was made between the Bishop of Coira, and the Provinces about him, in the year 1441. The next between the Abbot of Zizatis, the Count of Mavan, and the Baron of Bezuns, with them of Coira; this was called Lega Grisa, as that former Lega Cadè: after this, the Commonalties of Segovia made League with the two former, and was called Lega delle Dritture. And lastly, in the year 1470. they all Colleag●…gether. But in the year 1471. having difference with their neighbours of Tiroll, they all entered League with seven Cantons of the Swiss. And lastly, the whole thirteen Cantons of the Swiss, with these of the Grison Confederation, and the seven Wards or Soaks of the Valesians, joined all in League with St. Gallo: which City was first founded and inhabited by one Sengall a Scottish-man, with other of his Country, and after grew to have large Territories and Privileges. Thus all these Cantons Grison and Swiss, with the Valesians and them of St. Gallo, being a great, Warlike, and powerful Body, stand in the gates of Italy, as firm as the Mountains wherein they live, against any foreign force whatsoever. A larger Relation might be made of this People and Country: But because a great head holds no Symmetry with a small Body; this little shall suffice to give light to the ensuing Declaration. THE PROCEEDING OF THE GRISONS. 1618. AMONG the manifold benefits, and gracious favours granted us by God, the liberty of our Church and Commonwealth whereby we order & govern our own affairs, is not the least: Because by the lawful use and sweet fruition thereof, our Souls & Honours, Bodies and Goods, are freely enjoyed and safely preserved from all vexation and trouble. Hence is it, that Liberty like a most precious jewel hath been over much endeared and desired of all men. We therefore the Inhabitants of the ancient and high Rhetia, now called by the name of the three Grison Confederations general, having long enjoyed the sweet fruits and benefits of the blessings of God, and of his Almighty power, manifestly showed in the real fortitude and valour of our religious Ancestors, who for many ages have possessed and preserved both those liberties. It hath seemed most meet and requisite to us, the Heads, Counsellors, and Commons of both the free Religions of these our Countries, publicly and privately to hold the same liberty much endeared, and highly prized, and as much as in us lieth, to continue it among us, and to our posterity. We could well have wished that these our times had been such, as we might like our valiant forefathers, have continued in the ancient possession of our own, without any trouble or molestation: But as all things of this world are subject to declination and decay; so also this free State of ours is with time not a little weakened, and the danger thereof so much increased in these our days, as it had run into manifest precipitation and ruin, had not God in his mercy stirred up the zeal of our faithful and good Compatriots to tame and chastise the corrupters of our Government, and withal to conserve and settle it in the former freedom. We are therefore willing, for satisfaction of those that desire to know what hath passed, and are rather lovers of the truth than calumnies, to give them this full, substantial, and true advertisement and account of what hath passed, not only in the weakening of our State, and impairing of our reputation, but also in the lawful proceeding and just punishing of those perfidious ones, for the re-establishment of our Government, and reparation of those Breaches they had made upon the liberty of our Country. The form of our Commonwealth is Popular, and the choosing and displacing of the supreme Magistrate, Officers, judges, and Commissioners in our free Countries and of our Subjects, standeth merely in the power of our People, who have absolute authority by plurality of voices, to establish and abrogate Laws, Leagues, and Affiances with Princes and foreign States, to make War or Peace, and to order and govern all other businesses belonging to the higher and lower Magistrate. All these Liberties and Privileges of ours, some private Persons through their great wealth and authority, with Pensions, Corruptions, Friendships, and Adherences, have sought to appropriate unto themselves, and assume into their own hands, not once, but divers times, and in several places, and Commonalties, according as they have had occasion: wherein their practices have prevailed so far, as not only our free Patriots and Subjects, but even Princes & foreign States, whatsoever they desired in our Commonwealth, they were forced to seek it at their only hands: towards whom these men used all manner of treacheries, unfaithfulness, falsehood, deceit, tyranny, lewd practices, and violences; and among many other their abuses, they have brought our Country into dis-reputation and scandal with all Princes and foreign States, by underraking high matters, and making great promises for large sums of money, and after through their perfidious tergiversation, have falsely broken their faith, and wrought the multitude sometimes one way, sometimes another, of whose simplicity they made their use, and deceitfully ruled and led them to all their purposes. And albeit this woeful estate of our affairs lay covered and hid as under a cloud, yet both the wiser fort of men among us, and the Commons also, made such daily discovery of the bad effects thereof, as they all did much lament their miserable estate, and would most willingly have remedied so great a mischief, by a present reformation & lawful proceeding: but they found no possible means to effect that fruitfully, which they desired so earnestly, by reason of the great and many adherents of these wicked men, and the diffidence and jealousy that the common people had of all men. Hereupon all the truehearted and honest men of our Country, well seeing that our State could not long stand in these disorders, and yet not knowing how to repair or amend them, they have sent up their sighs & prayers to God, the true protector of the afflicted: who hath now at last heard their woeful complaint, and showed them the way to recover their delivery. And besides those many grave and prudent persons of the body Politic, discovering the miserable estate of our Affairs; our Churchmen also have both earnestly and incessantly, privately and publicly, called upon the State for a Reformation, and without any respect or fear of the danger they might incur, they jointly preferred a Bill of Complaint, in the public Assembly held at Tavas in the month of August, 1617. laying open their grievances before the Three Confederations general, and the ordinary Magistrate, for these so great and so unsupportable inconveniences: and after a long commemoration of the present disorders and dangers, they modestly and earnestly pressed for a speedy and necessary Reformation. Whereupon, the Magistrates calling into consideration the importance of the business, and other weighty reasons, resolved to propound these gnevances to the counsellors & Commonalties of the People, as to the supreme Magistrate, whom they ought and must obey: And accordingly in a Synod holden in April, 1618. by the Protestant Divines, they drew a Bill (the same in substance with that former) to be offered to the counsellors and Commonalties over all their Churches, earnestly requiring and humbly beseeching, that a speedy course might be taken by the State's General, for remedy of so great an inconvenience, by all the fair ways and ordinary means possible, without tumult or disturbance of the State, for the recovery of their liberty Spiritual and Civil, and for their freeing from the treacherous Complots, and perfidious Treaties, which some of our men have entertained with divers Princes, and foreign States: yet so, as not to provoke these men to indignation, despite, or wicked deliberations, but rather to carry the business with such temper and moderation, that as the faithfulness & integrity of our forefathers is honoured and magnified by us, so ours to our posterity might be recommended. And though this our endeavours to a mild and quiet proceeding hath been published and made known to the world; yet the chief heads of that corruption have laboured with all their might, to cross our designs, to turn all to smoke, and to continue in their former practices and violent insolences: Hereupon they of the Clergy have with more vehemency urged and pressed in their Sermons for a general reformation of the State; and that the people would make choice of some honourable Persons of the Country, such as were unpassionate, and free from any interest or engagement with other Princes or States; to whom they might lay open the notorious perfidy of some men tyrannising amongst them, as an insolency no longer to be endured, and the principal cause of hindering the intended Reformation. Into this number, the Adherents and Clients of these treacherous and malicious men, presently intruded, forcing themselves by all possible means, to hinder and make frustrate all the good effects by good men desired. Whereupon the people despairing to bring the business to any wished issue by so small a number of persons deputed, and finding that these tyrannizers over the State could no ways be overtopped, but by a greater number, they proceed (not by way of resistance and force) but by plurality of voices, and by exclusion of all sorts of corruptions and false insinuations. To which purpose the five Commonalties of the lower Agnadina lying under the Waltasna, with those of Munstertal, met together in the end of june last, earnestly by their letters soliciting all the other Commonalties and Deputies of the Three Confederations to do the like, and jointly to assist them as a people oppressed and afflicted, their ancient power and authority being wrested from them, and engrossed and usurped by certain private persons; their voices falsified, their Laws changed, and their goods daily and unduly taken from them, under pretext of Magistracy & justice; to the end the new Laws might be abrogated, their ancient Country restored to the former liberty, the Treasures of Princes and States foreign might not be seized upon by private 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 lawful and impartial Court of justice might be established by the whole Country, for the punishment of these their transgressions formerly committed, & for the defence of all truehearted and honest Compatriots. Upon these instant entreaties and admonitions, there joined presently with them certain Commonalties of the jurisdictions, & of the Cade, with Ensigns display the, and a great number of men, namely, they of the higher Agnadina, Pregello, Posclavia, Firstenau, and Berguno, resolving to assist their neighbours in the reformation of the public State, and establishing a lawful and unpassionate Court of justice, against these traitorous Delinquents to their common country; so that this proceeding might stand with the good liking & approbation of the other Commonalties. While this is in Treaty, Rodulphus Planta chief head of the tyrannising faction dwelling at Zernes, in the lower Agnadina upon Waltasna, (notwithstanding the safe-conduct which the people granted to him and his Ensigns) by advice and counsel of his adherents, fortifies himself 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 soldiers, taking an oath of them to defend him, to keep the passages, throw down the Bridges, and to make open and hostile war against the Confederates and his near neighbours. He hath also demanded military succours from others, thereby to draw a civil War upon his own Country: but they of Cade coming to assail his house, and he doubting lest his men might be forced to render up the Place and him in it, as not being able to make head against so great a power of the Confederates, perceiving also that his taking of arms in such hostile manner had greatly incensed them against him, one morning very early with some few of his trustiest followers he escaped and fled. Shortly after, the house was assaulted, and that which in the first fury was not spoiled and consumed, was taken by Inventory, and carefully preserved. Mean while the other Commonalties of the Three Confederations deputed their chief officers in Agnadina, who in their Assembly resolved to send them an Embassage of certain grave persons both Spiritual & Temporal, with offer to join with them, to reform the Right & justice in the whole State, so that they would lay down arms and dismiss those troops. But receiving answer, that the power and Adherents of the offenders was so great, as that without more assistance it was unpossible to effect what they had propounded, they gave them good acceptance, & all the Commonalties of the Country laid down their Ensigns, & united themselves unto them. First in Coira, and then in Tosana, a village in the Grison Confederation; where, in the Common Council for the re-establishing of our State and government, they have revived certain ancient and laudable Provincial Laws, and made other new, upon occasions of these late transgressions (but with all good temper and moderation) whereunto they also that staid at home, have given their free consent: the substance whereof is as followeth. That both the Religions, Reformed & Catholic, in all our Countries and jurisdictions shall have their free exercise, and every Country be jointly defended by all the rest in the Religion it professeth. That in all our Countries every Confederation, Commonalty, jurisdiction, Persons private, Nobles, and common People, shall be maintained in their Privileges, Liberties, Customs, Honours, and goods, and shall be content in every controversy and suit of Law with one indifferent and unpassionate judgement. That our subjects shall be governed with Equity and justice, & not fall into the laws of ravening Wolves, as heretofore divers times hath happened. That the Exchequer of every several Commonalty be from henceforth more faithfully looked unto then formerly, and that it be not permitted to private men, to embezzle and exhaust the Public Treasure. That no private person presume henceforward, to treat with Princes and foreign States in matters of public affair, without especial commandment, under pain of Death: but yet, that all Leagues and Intelligences formerly made by order of our Law, shall be faithfully and really observed. And that faithful and good neighbourhood be kept with the borderers and consiners upon all our States, etc. with other particularities more at large. Hereupon was established a Court of justice, consisting of most godly, religious, and upright men, not Partialists nor engaged by oath or particular gifts to any Prince or States whatsoever. In which Court every Confederation hath appointed two & twenty judges, nine Inquisitors, two Informers, one Secretary, and two Clerks. And because it hath hitherto always appeared, that our people have been kept in better awe and order by the authority of Spiritual men, it was thought sit that nine of the Clergy should be always Assistants in the Court, except it be when Sentence is to be given. All which judges are bound by solemn oath, to discover such, as contrary to our Law would treat with them, and especially to regard no corruptions, bribes, friendships, enmities, factions, adherences, & the like, which might turn them from doing right: but only to set before their eyes the glory of God, the safety of our Country, and the due administration of justice. The People being therefore met together, divers suspected persons were committed to prison, and many other conscious of their own guiltiness and perfidy, stole away and fled the Country. Among the Prisoners, the chief was john Battista de Provosti, commonly called Zambra, dwelling in the upper Vespranela Bregaglia, who both by the confession of some already executed, by the testimony of divers others, & by his own hand-writing, was convicted to have counseled & helped with other his adherents, that Fort Fuentes should be built upon the confines of the Grisons, and that the foundation being laid, & the Three Confederations resolving by arms to hinder the work, as a thing contrary to the accord made with Milan 1531. and to their liberties, & privileges, he stayed the people being now ready in arms, with his false and perfidious pretences; and mean while wrote to the State of Milan to go on with the work, the enemy forces being diverted that would have hindered the proceeding. That before and after this, he had many privileges for transportation from the State of Milan, and many notable sums of money, not only for the causes aforesaid, but also for persuading the people to a Capitulation with Milan, as a thing profitable and necessary, which notwithstanding had turned to our great prejudice and danger, not considering that he had received from an Ambassador of another Prince two hundred crowns by way of Denotive, and seventy four of annual pension, with promise to dissuade our people from the said Capitulation, & to hinder it (albeit at other times) the said Zambra and other perfidious persons have received great sums of money of divers Princes, upon promise to work their ends, by our Country's prejudice, and after hath most shamefully deceived them, and perfidiously broken both his word and faith given them. But when as Zambra had obstinately and impudently denied both his own hand-writing, the confession of others, and the testimony of divers honourable Persons, he was by the Court condemned to take the Strappata, and being only pulled up without weight, at his letting down, freely confessed all the circumstances aforesaid, and that Rodulphus Planta, with others now dead, had been authors of the counsel for the said Fort Fuentes, during the time of the assembly of the Confederates in Tavas' 1603. to constrain our people by this means (as he said) to hasten the League with Milan, even as themselves pleased, which league the said Planta hath laboured to be concluded and confirmed. And moreover, besides his many Liberties and Licences for transporting Commodities, he received from Milan at one time four hundred Hungars, with promise of a gold chain if the practice went forwards, besides many goodly Donatives for all his house: as also, that he wrote to the Marquis of Como, advertising him, that the powerful resistance of the Enemy (meaning those of our Confederates) was now diverted, and therefore he should not fail to finish the Fabric of the said Fort. And lastly, that he resolved to conclude the League between Milan and five Commonalties only, who were deceived and abused by him (with false corruptions and many fair promises) although none of the rest entertained or accepted it, not considering that our common Country is bound by continual and interchangeable obligation, not to accept any into their League, without the knowledge and consent of the Mayor part of the Three Confederations; All this with other things he hath confessed, which is needless to remember. Whereupon Sentence was pronounced against him by the Court, upon the 22. of August last passed, that according to the Laws he should be beheaded and quartered by the common hangman, as a notorious Traitor to his Country: And that all his goods should be confiscate to the common Exchequer of the Three Confederations; save only those allotted for payment of his debts, and his wives portion. It was further adjudged, that his house should be demolished and razed down to the ground, and in the place thereof two Pillars set up, for a perpetual memory and detestation of his fact. But after Sentence given, great suit was made for him both by the Clergy and Laity, that in respect of his years being seventy four, and of his nine Children, and many Kinsfolk, he might only be beheaded, leaving it free to the Companies of Soldiers and common people, whether to pull down his house or no. Answerable to this, & much more guilty were found the two Brothers, Rodulphus, & Pompeius Planta, who to drain the wealth from our Country, and draw it into their own hands, as also the chief Magistracy and government thereof, they have by a copartcinory enfeoffed themselves in the Lands, and intruded themselves into the Tutelage of all our great Widows and Orphans. The Marriages of great persons were wholly at their disposing, by means whereof they procured great power and adherency, ruling and commanding not only the Subjects of Valtelina, but even the Provincials themselves, at their own pleasure; nay, they tyrannously oppressed their own Confederates and free neighbours, violently entering upon their Estates, under colour and pretext of justice, not sparing the lives of laity or Clergy, and receiving large gifts of Princes and neighbour States, promising much, and performing little or nothing. Upon the 18. of August a Process was framed against Pompeius Planta of Zernes, dwelling at Paschale in Donlesch, who long before the Sentence was fled his Country: for that it clearly appeared by his own handwritings, & by Letters of his Brother Rodulphus, and divers witnesses, that the said Pompeius had usurped upon the liberty of his Country, & like a false Traitor had had secret practice with foreign Princes, by which the Commonwealth was brought into eminent loss, & imminent precipitation. Moreover, that he had usurped the supreme Magistracy in his own Lieutenancy of Forstenau, which he procured of the Bishop of Coira for term of thirty years, contrary to the Law and custom of the Country, taking bonds of other Officers preferred by him to like places of Magistracy, not to undertake or conclude any business of importance without his knowledge, or of his Brother. He hath with the money of foreign Princes, placed all such in the supreme governments of their common Country, as stood affected and addicted to them, and of whom they might serve themselves in all occurrences, at their own will & pleasure, as appears (among others) in Lucio da Monte, to whom he gave at one time two thousand Florins of foreign Prince's money, and helped him to distribute them, that by this means he might the more easily obtain the office of supreme judge Provincial of the Grison Confederation, without disbursing one penny of his own, as by his Letter to the said Pompeius appeareth: whereby he was forced to execute his office at the beck and command of Pompeius, that every business might wholly depend upon him, might pass after his humour, and be done out of his head, and not according to the ancient Liberty of our Country. He hath boldly cozened and abused such Princes and foreign States as gave him any trust: For once he was Broker for Monsieur Pasquale the French Ambassador, to receive & distribute six thousand Crowns, to be employed, that the League we had contracted with Venice, might be renounced by us, before the full date were expired. In consideration whereof he received a great present to his own proper use and behoof, besides three hundred Crowns in Donative, and two hundred Frankes of annual pension, which he thought too little, as appears by a Letter of one of his Adherents, bearing date 12 july 1612. Yet contrarily, he writes to his Brother Rodulphus, and gives him Counsel to promise the State of Venice, that if they would grant him a Colonels place with 500 Crowns of yearly pension, both in time of War and Peace, with some honourable presents beside, that then he would secretly further their demands: and toward France, Milan, and Austria, he would seel up one of his eyes, (such are the very express words of his Letter) wherein he further signifies, that in case his brother were not satisfied with the command of a French company, and that their falsehood and double dealing were discovered, that then he would fall from France, under colour of more urgent reasons, the better to palliate his falsehood, and excuse himself to neighbour Princes. In which Letter also we find these very words; Monsieur Gueffier the French Ambassador here resident, would willingly there were a division and sedition among us, and that we should earnestly labour Maximilian Mora the milanese Secretary, that they would refuse us intercourse and commerce with them of that State: but I think he doth it to spare his Crowns, that we might be wholly at his devotion, & bound to no body else: as though that passage were only in the power of the French. In another of his to his Brother, bearing date the 15. of April 1616. he writes thus: That concerning the Levy of Soldiers here by the Venetians, he meant to give his consent and assistance; but with condition, that Signior Padavino should perform what he had promised, (that is, large Donatives) and though his Brother held still his French Company, yet he would do his uttermost for the Venetians without any danger; writing also in these words: They cannot so easily fall upon us, we have (God be praised) more Soldiers strangers than they: as for the French, I esteem them less and also worse, for they cannot so easily piece their business with the Venetians, and these men ever grow upon us. Lord God who knows what will become of the business? We must put it to the venture: and yet for conclusion, I am fully resolved in spite of the French, to act somewhat for mine own best advantage. Moreover, in the said Letter we find these words: I have been ill at ease these two days, else had I advised the Frenchman, upon whom I will have an eye that he shall not betray us; we shall not need many words, but do that which is requisite. And yet the better to hide his secret practices, he hath written to the neighbour Princes, suggesting unto them the means (as appears by his Letter) how they might hinder the League the Venetians demanded of us in time of their Wars, that it might take no effect: and albeit he hath ever made fair show to the Venetian Commonwealth, yet he hath wrought our people with money and other means, to stop their passage through our Country, to join in League with the milanese, and to make him absolute Master of all our passages, according to the intolerable Articles of the League propounded to us by Milan. He bond himself by strict Oath to the archdukes Highness of Inspruch, upon receiving a great Lordship to be held in Fee of him, as appears by that Prince's Letters of the 29. of November 1613. the 26. of january 1615. and the 15. of October 1615. to be always faithful to his Highness as his Councillor and Vassal, and to supply him with Soldiers at his demand, against all his enemies, wheresoever, howsoever, and whensoever he should have occasion. And yet on the other side he greatly mis-prized and vilified the authority of that Prince in a Letter of his to his Brother Rodulphus, bearing date the 15. of April 1616. and counseled him against justice and the Prerogative of that Prince in Agnadina, but withal, that the business might be cautelously and cunningly carried. Afterwards he solemnly protested by Oath in the public Assembly at Tavas' 1617. that he was not (effectively) bound to any foreign Prince or State: and yet without regard of his Oath, whereby as a person now placed in Authority he stood bound, nor having respect to his own Honour, or reputation of our common Country, he discovered to his Highness whatsoever was concluded in our Council, suggesting to that Prince, that he should terrify us with threats, in case we undertook the Treaty of a League with Venice; and protesting, that if we received any hurt thereby, the blame should lie upon none but ourselves, as appears by the Contents of his Letter dated the 10. of May 1615. and of his answer from Inspruch the 25. of the same month. He persuaded also his Highness, that he would earnestly solicit the Three Confederations General, both by Letter and other means, that the Inhabitants of Tavas who have many privileges, might become his Subjects; as appears by his Letter of they. of August 1614 He braggeth in another of his to his Brother, that he had intercepted some Letters of foreign Princes addressed to the Confederations General: and because his practices succeeded oft-times to his wish, his Brother and he vainly thought themselves so powerful, as they might do what they list in their Country: the reason was, for that in all occasions of conventing the Three Confederations General together, they still overswayed the Counsels & judgements with their plurality of voices, great Clientele, and Adherence, etc. But as the children of darkness are wise in their generation, so these Brothers had providently complotted, that in case their perfidious treacheries were discovered, they would then retire themselves into Valtelina, where their chiefest friends and dependents were, or else some otherwhere to fortify and arm themselves, and so make a Civil war upon their native Country, as Pompeius had formerly threatened: who being advertised that the Clergy would oppose his designs, (and especially the Spanish League he intended) he audaciously answered amongst other his insolent speeches, Let them look to themselves, lest they run the like fortune that Zuinglius did in the war of Zurich. He therefore having committed these and many other heinous crimes, and having brought his Country into great troubles in itself, and great dis-reputation and disgrace with other Princes, through his temerarious perfidy; after many Citations by form of justice and Law, he was upon his contumacy banished for life from the Three Confederations General, with a Fine and Donative of a thousand Crowns to him that should bring him alive into the hands of justice; and five hundred Crowns out of the public Treasury to him that should bring in his head. And in case he were taken in any of our Countries or jurisdictions, that without further Process he should be executed by the common Hangman, & his quarters to be set up upon the high ways; his house to be razed, and two Pillars of infamy set up in the place; his goods confiscate to the Exchequer of the Three Confederations General, and no man upon pain of death ever to speak or treat for his Pardon: whosoever should lodge him, to forfeit a thousand Crowns, and to be banished (as he is) for life: and if any of our Commonalties should harbour him, to be excluded (as perfidious) out of the Letters Patents of the Confederation. Upon the 26. of August, another Process was framed against Rod●lphus Planta of Zernes, Captain of the Province of Val●eli●…, and criminal judge in Zernes aforesaid and the neighbour Commonalties; Captain likewise of a Band of the Confederates for the French Kings service. Against this man it was proved by several Processes, Confessions, Testimonies, Writings, and memorial of his own and his Brothers, as also by Letters of other his Adherents, that he had by many and strange practices brought the whole power of the Supreme Magistrate of the Three Confederations into his own hands, using it with much tyranny against both public and private persons, and falsely practising as well against our own Countrymen, as against Princes and foreign States: He hath treacherously betrayed his Country through his perfidious avarice, as also all others that trusted him; bringing us all into discredit and displeasure with other States, and thereby hath been the cause of many Deliberations most prejudicial and pernicious unto us. He hath intruded into the Magistrates place and power after this manner: His Highness of Inspruch hath some privilege in choosing the criminal judge of the lower Agnadina every St. George's day, with the will and consent of the common people. By this means and that Prince's favour, Pl●… hath been chosen judge divers years together: which time being expired, he hath sought no renewing or confirmation by the whole Bench of justice, but hath boldly usurped the power, as if it had been his own by inheritance or purchase. Moreover, of his own mee●e Authority he hath arrogated the decision of civil or criminal causes, by choosing those for judges that were for his purpose, and he that would not be pliable to his will, and submit himself to ●… Tyranny, was instantly cassed, and another more obedient to his pleasure chosen: whereby he hath brought the Supreme power of the Magistrate to be at his devotion and disposition without any contradiction, in all places as far as their whole jurisdiction extendeth. He hath also preferred others to places of government, especially such as could advance any Creature and Adherent of his to the Supreme Magistracy, b●… yet with condition, that neither he nor they should conclude any thing of importance, without his advice and counsel; but should carry the business by his direction only, against the liberty of our common Country. According to which complot he hath taken into his protection in his Castle of Coira, john Bishop of that place, before he had obtained his Liberty or Pardon: a man who for his treachery to his Country and other offences, had been banished from the Three Confederations General, by a lawful and unpassionate judgement of both the Religions: which the said Planta hath done, to have the Bishop ever ready at his will and command for the appointing of any Officers (chief within the precincts of Cadè:) In consideration whereof, the said Bishop granted to Pompeius Planta the Lieutenancy of Forstenau for thirty years: where, as chief in the Bishop's name, he hath power to appoint three Burgomasters; and so hath he dealt with the young Lord of Rasiuz, and many other. He hath also obtained of divers great Families, that when they shall have any suits in Law depending in their Commonalties, he only may have the decision of their controversies, gaining power by that means to establish in the Office that man whom he shall prefer: and these few years last passed, some Gentlemen of good quality in the upper Agnadina, desirous to enjoy their Liberties and custom of free Election, he with his false and wicked practices so handled the matter, as none but his own Dependants were chosen to any Offices: and seeking in the disposition of other Charges also, to infringe the strength of plurality of voices, he hath been the cause of six men's death, besides the endangering of many judges lives by force of Arms. And knowing that Monsieur Pasquale was at that time in great credit and power with us, he secretly contracted with him, as appears by a Letter of his Brother, and another of one of his Adherents, bearing date the 22. of February 1611. and the 11. of january 1612. and by a Letter of Monsiour Pasquales own hand: which Letter stood Planta in good stead, and served fitly his purpose; for having got strict Intelligence with the Ambassador, every one that desired a Pension, was forced to receive it through Planta's hands; by which means he got of the Ambassador large sums of money, new pensions, and augmentation of the old, as shall more amply be related in the summing up of his practices. Moreover, he hath much increased his Authority by means of Marriages; for being in great reputation and power with his kindred and Adherents, they ran all to him in business of greatest importance: & if they bond themselves to stand wholly to his direction, they got what they desired, else not. He hath always kept Spies and Informers both at home and abroad, to understand the deliberations of those he suspected: and finding them upon information contrary to his designs, he would first seek to win them; if not, he would prosecute and pursue them to their uttermost ruin. And to make himself yet more powerful, he would falsify and corrupt the Statutes and Laws of the Country within his jurisdiction, enlarging or restraining them to his best advantage. With these and the like sleights these thirty five years together, he is grown so great, as for a long time he hath engrossed into his hands all the important business of our Subjects, whom he hath bound to him by divers presents and bribes, to elect his creatures & Dependants into the Offices of several Commonalties: by whom he might after serve his own turn to infringe the Laws, to stir up tumults against honest men, and to govern all at his own pleasure; using this his power with much tyranny against all sorts of people both Spiritual and Temporal. He hath most insolently usurped upon the jurisdictions of the Commonalties, depriving them of their Liberties, and forcing them to depend wholly at his devotion in the choice of their Magistrates, not daring to speak or advise any thing against him, for fear of losing his favour; but they all ran as he would have them. He hath too rigorously condemned poor men of the Country for very small faults, and then compounded with them for no small gifts and bribes, without the knowledge or consent of the Court: whereunto the poor men were enforced to avoid his tyrannous persecution, and were bound by Oath not to complain or once speak of the wrong he had done them: whereof we have here set down some few particulars among many hundreds; and these they be: A man being fled upon a certain crime committed, and dead in the Mountains; Planta forceth the poor heirs of the dead man to pay two hundred and sixty Florins for his escape: contrary to the Laws of the Country, which condemn a man only in ten Florins for his flight: which Fine is also to be paid to the whole Court, not to the criminal judge alone. If at any time an offender indited and convicted, had accused another of some small crime, he would not discover the evidence, nor call the party in question, till after the execution of the Accuser: And though the party accused knew not whether he were indeed charged by that other, or that it was a thing of Planta's own forging, and much complained that he was not called to his answer while the Accuser lived: yet was he forced to compound with him for round sums of Money, to avoid his indignation, and unjust persecution. Two men confessed upon the Torture, that they had stolen a certain quantity of Wheat from a neighbour of theirs: the man hearing of their confession, said he knew of none he had lost: for which word alone, Planta fined him secretly at forty Crowns, threatening, that if he paid not the money, he would cast him in prison, and put him to Torture, to confess whether he lost any wheat or no. Upon a time he sending his Warrant for one accused, to appear before him at Zernes, he demanded a horse of a woman for that service, to send him back to prison, whose Husband was gone to the wood with him: Planta seems offended that the horse could not be had: the poor Wife sends presently to her Husband, to make what haste he could with his Horse from the wood: the goodman, though he came home presently after the judge and the prisoner were departed, and made haste after them to offer them his Horse, he had answer, that now they had got another to serve their turn: all this notwithstanding, Planta fined the poor man in five and twenty Crowns, because he had not offered his Horse before he went to the wood. Two men being in suit for a matter not above half a Crown, one gave in evidence: Planta presently laid to his charge that he had given false witness; threatening him the Torture, and that he would pluck out his tongue by the roots. Hereat the poor man was so much affrighted, as he promised Planta a secret Donative of two hundred Crowns to be levied upon his Lands, and was afterward forced to disengage them of that mortgage with a hundred and twenty Hungars, besides threescore Crowns Fine for the accusation, and fifty more for charges of the Court. Four free men of the Confederation, bringing from Chiavenna into Finscovia some loads of Rice upon their own horses, and passing through the lower Agnadina, bartering their Rice for Wheat, they returned with their said loading and Merchandise through Zernes: Planta presently charged them by his cruel practice to make their market, and vent their commodity in the upper Agnadina, or else they should be fined for using their own horses, and not those of his neighbours: who refusing to satisfy him herein, they were fined at a hundred Florins. One said to a neighbour of his, that if he had paid Planta the money he ought him, he would not owe him the putting off of his cap: he was for these words only, fined in an hundred Crowns. He plotted that strange stratagem in the upper Agnadina, where he incensed two german brothers one against the other: and that side which he abbetted having the worse, he sent to his aid two hundred and fifty men, to obtain that by unlawful ways and open violence, which he could not compass by corruptions, promises, and menaces: By which tumult he was the occasion of six honourable men's death, besides many other sore wounded. He hath also been an Assassinate and bloodsucker of the Clergy: for a Priest of Monstertall seeing his perfidious practices, and speaking somewhat freely of them, he so persecuted the man with his calumniations, as at length he caused him to die by the hand of justice. Likewise, they of the reformed Clergy opposing the Capitulations of the League propounded between our Confederations and the house of Milan, in the year 1617. and publicly reproving divers other disorders, some of them he persecuted with his criminal Authority; others he laboured to remove from their ministery; some he violently set upon in his own person; some he imprisoned and threatened to do worse unto them; upon others his servants bend their Pistols, and harquebuses charged, menacing to kill them: He hath fined divers men for speaking well of their Doctors and Ministers. Finally, the perfidy and falsehood of his notorious practices is unspeakable: for many times he takes bribes to the sum of a thousand Florins and more between both parties in difference, and in the end shamefully deceives the one and the other. To defend a Traitor and save him harmless from danger of the Law, he took a bribe of a thousand and five hundred Crowns. In another case of difference, he took seven hundred & eighty Crowns of one party, and a thousand of the other, and then failed them both. In a difference of suit depending between two Commonalties, he took four hundred Crowns apiece, and effected nothing for either. His treacherous practices against his Country cannot sufficiently be related, as appeareth by what hath been said, and by his endeavours at all times to make himself Lord of the Government: as likewise appeareth by the Process of Zambra, and other actions of his own, which tended to favour and further the treacherous capitulation with the house of Milan, to deprive us of our Privileges and jurisdictions, and to enthrall us under the power of foreign Princes. Among other means he hath used, he hath also served his turn of these which follow: The year 1603. he complotted with john Battista Zambra, to further or rather enforce a League above and against all other intelligences and Leagues we had formerly contracted, labouring that the Fort Fuentes might be built, and withholding our people from hindering the proceeding of the said work. And the Three Confederations General in the year 1606. being truly informed that all their secrets of State were discovered to foreign Princes, they established a Privy Council of fifteen men, to the intent that all their Deliberations might be entrusted to secret Confidence: whereupon Planta and his Complices being so debarred from the knowledge of any thing, raised that dangerous tumult in the year 1607. john-peter Mora da Piur, hath also confessed Planta's Treason touching the Fort, and that he was moved by him and won by his subtle sleights, corruptions, and Donatives, 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 year 1610. to our great loss and grief, the French King Henry the fourth was murdered, after whose death, Monsieur Pasquale the French Ambassador resident with us, sent a secret dispatch to Milan in the year 1611. to treat with Signior Alphonso Casale, Ambassador in Switzerland for the King of Spain, that he would cause a League or new intelligence to be made between the State of Milan, and the Three Confederations General: and to the intent the said Treaty might not be hindered, the said French Ambassador and Captain Planta being both agreed upon the business (though the French Kings were always against it) he gave Planta six thousand Crowns of gold, and two thousand and five hundred Frankes of yearly pension, to be distributed as he thought good, without being bound to make any account, that he and his Adherents would help to break the League with Venice, which was contrary to the Treaty between Milan and us: as appears by the Letters of Pompeius and his Adherents in the year 1612. and by a Memorial written with Captain Planta's own hand. The renunciation of the League between the State of Venice and us being procured and bought by money, Planta presently draws out some Articles of the League of Zuz: Wherein some Commonalties dwelling upon the Passages, are bound not to grant passage to any whatsoever through our Countries, that all friendship and aid of ours towards the Venetians might be broken. And the said Casale having in the year 1617. required a League with us, and free passage, in name of the house of Milan, they which were authors of the League of Zuz, and of the denial of passage to the Soldiers of foreign States, were the first that granted the King of Spain free passage for his Forces, through all our Countries and upon all occasions, contrary to what they had formerly concluded: So that the falsehood of Planta and his Adherents doubly appeared. Against these Treaties of Planta and other his Complices, divers good Patriots both of the Clergy and Laity so earnestly laboured, as they were by no means accepted: hereupon Planta much enraged, thought upon a speedy and lively revenge, beginning to prosecute those of most honesty and reputation, far more than formerly he had done, and stirring them of the upper Agnadina to tumult, he made them rise in Arms with Ensigns displayed, to thrust violently Signior Padavino out of our Country, who had retired himself before their coming: he hath also convented the people together, brought thither by his Adherents and Servants, framing divers barbarous Articles, and constraining all men to observe them. The second of which Articles was this: That no Churchman of any Commonalty should dare to speak or give his voice in any business concerning the Country: though this be lawful to every free man of our State, be he never so poor and base: and this he did, because in all his machinations and plots, he never found stiffer resistance then from the Clergy. Moreover, they have had divers and sundry consultations with Maximilian Mora to put them to silence, and stop their mouths altogether: and lastly, they have found it fit to forbid them by a general Law, not to meddle with matters of State, or the good of their common Country, or to be informers of the present corruptions. So much the Devil hath blinded their eyes, that they neither can, nor will see or suffer the wholesome admonition of faithful Subjects. They have also settled a Court of justice, the decrees whereof (by confession of some of the judges themselves) were wholly managed and dispatched by the advice and information of the two Brothers only. judges also were chosen, such as stood partially affected to foreign Princes, of whose liberality they had bountifully tasted: who also were bound by Oath to defend the Bishop of Coira, against our Provincial laws, to which they were sworn: which they did by many indirect ways, and by the procurement of the inwardest friends to the Planta's, who by their bad proceed have deceived many honest men, and divers honourable Commonalties, with their large sums of money. More especially, they have persecuted the said Clergy, calling them to appear before them, and charging them not to meddle, or once speak in the Spanish business, fining some of them in gross sums for having spoken too much: and among the rest, they brought one Preacher by force from his house in Coira, without any cause but mere malice; threatening imprisonment, and death, or banishment to others. On the other side, they have offered to maintain the Bishop of Coira with strong hand: who (as is aforesaid) had been banished by Proclamation out of the Three Confederations General, and hath lately been charged by form of Law with many notorious crimes: and not regarding his manifold transgressions, they have consented to his escape out of the Country, and granted free passage for his goods after him. These tumults Planta hath not only caused, as is manifest by many witnesses Viva voce, but he hath also granted transportation of Commodities, without knowledge of the State, in a time when the passages were shut, and commerce forbidden between us and Milan: though at the same time his Brother Pompeius wrote to him, that Monsieur Gueffier the French Ambassador had importuned Maximilian Mora, to desire the stopping of the passage and intercourse, alleging, that he desired a commotion and sedition among us. And now this present year 1618. some of our Commonalties rising in Arms to remedy this mischief, he presently bound by Oath the men of his Circuit to demand aid of others, thereby to move a Civil war, that the common people butchering one another, he might subdue the stronger part remaining, and so make himself universal and absolute Lord of all the Country. But foreseeing that this plot would fail him, and doubting that he should be cited to answer the Law for his notorious misdemeanours, he presently fled: upon his flight, he was according to custom divers times summoned, and never appeared. Seeing therefore he hath usurped the chief Authority of our Country, as to give and abolish Laws, to make and renounce Leagues, to create and depose Magistrates, to dispose of War and Peace, and hath used this his power with all manner of perfidy, deceit, violence, tyranny, and Treason; he hath been by the Law and justice of our Country, condemned to perpetual banishment from all the Three Confederations General, and left free to the Birds of the air: with a reward and Fee of a thousand Crowns to him shall bring him alive into our Country, and to him shall bring in his head five hundred Crowns; besides his freeing from the Proclamation, if he stand banished for any other offence, but Treason against the State, or wilful murder: which money shall be paid out of the Common Treasury: And in case he be apprehended in our Country, or yield himself into the hands of the Three Confederations General, that then the Magistrate shall call a Court of justice of the Three Confederations, and without any farther Process shall order, that he be forthwith executed and quartered by the common Hangman, and his quarters to be set up in the common high ways: all his goods to be confiscate to the Chamber of the common Treasury, saving the dowry of his wife, and the payment of his clear debts; his house to be razed, and two pillars set up in the place, to his perpetual infamy: and that Commonalty which shall refuse to execute this Sentence, and shall secure him with meat, drink or lodging, shall forfeit their Right in the Confederation, and beside, for every such offence shall be fined in a thousand Crowns: and if he be a private person, he shall be deprived of his honours, and forfeit a thousand Crowns: but he that is not worth so much in goods or lands, shall forfeit his life: and lastly, if any speak of his Pardon, writ to him, or talk with him, or shall receive or read his Letters, shall likewise lose his life. In this Interim, upon the 22. of August, Nicolo Rusca da Lugano, Archpriest of Sondrio in Valtelina, was accused, who formerly had been imprisoned by the People, for having conspired with john-paolo Quadrio of Ponte, & Vincenzo Gatto of Coira, to kill Signior Scipione Calandrino late Preacher in Sondrio, in case they could find him upon the State of Milan, or else to carry him out of our State, to Milan or to Rome, as divers times heretofore it had happened to others; as Michael Ciappino hath publicly confessed, both upon the Torture and after: who being resolved to act this his bloody purpose, Calandrino had notice by some of his friends, that the Archpriest lay in wait for his life, and had his Spies upon him: as appeared by a Brief of his scent to Ciappino by a young Lad; wherein he gives him advertisement, when, and in what place he might come with his complices, and in what manner he might perform that felonious act: where upon Ciappino was imprisoned in the year 1698. in the month of September, under the charge of Captain john Corn of Castelmur: where, upon proof of the Evidence, he suffered death, as appears by his Process and the confessions under the hand and seal of the said Signior Capitan●…. Ciappino had to this purpose made choice of certain Ferry-men, Andrea Serem da Como, john Pifer the Traona, and Battista Domini da Menus, who in the year 1594. july, were all executed, because being at the Ferry-place of the River Add, where Calandrino was retired, they would violently have haled him into their Bark; but they were apprehended by Signior Capitano Artman de Artmani, and the whole business being proved against them, they were for the said murderous conspiracy and treasonable plot condemned to die. Moreover, this Rusca had showed himself a Rebel and disobedient to the supreme Magistrate of the Three Confederations General, because he embezeled and defaced the Decrees and Records of that Office: and afterwards holding his Congregation in the Cloisters at Sondrio, there were heard many seditious and rebellious words by divers honest men in the streets, which they have fully testified and proved, and as since hath been confirmed by Nicolo Carbonera, both upon and after Torture: affirming moreover, that he had given counsel to cancel some Decrees of his own State, by the procurement of the French Ambassadors, in whom Signior julio della Torre had great interest to prevail, as a faithful and trusty friend of theirs: That he had also hindered the free course of preaching the Gospel. He had so far made himself Master of the people's will, that the Officers of Valtelina fearing some sudden tumult & insurrection, durst not lay open his horrible crimes and transgressions. In the time while Fort Fuentes was building, he retired to Morbegno, where, (as is proved by divers Testimonies & his own confession) he persuaded the people, not to make war with so Catholic a Prince as the King of Spain, but to keep their consciences free, and to ask him pardon for their fault: resisting by that means the Proveditor of the Confederations General, who was forced patiently to dissemble this rebellious affront: and albeit he was resolved to charge him herewithal before the Councillors and Commonalties, yet he deferred it till the fourth of August 1608. at what time he was summoned before the Commonalties, and in November after, before the justice Court of the Three Confederations General of both the Religions; but being conscious of his own guiltiness, he never appeared. He hath also by assistance of his Complices laboured to corrupt and draw many men to his party, as appears by Letters of his written to a friend the 22, 23, and 24. of December the same year, as also by the testimony of divers honest men; whereupon even they that were corrupted by him, have received condign punishment, but yet with clemency. He hath held particular correspondency and secret conference with the Commissioners of foreign Princes, and especially he hath had strict intelligence and practice with the disloyal Rebels of our Country, favouring many of their pernicious designs, as appears by writings of his own and others: nay, during the time of our refusing passage and commerce with the State of Milan, he made a journey twice to that City, not without our great suspicion and jealousy. Which said accusations coming before the Court of justice, and the judges calling into serious consideration our ancient Laws and proceed, and carefully perusing and examining the foresaid Letters, as also those written by Paolo da Sulmona Priest, the 6. of November 1608. by Signior Philippo Bishop of Como the 15. of March 1610. and by Friar Francis Provincial of his order in Milan, bearing date the 12. of january 1611. and by many other Letters addressed to him, and by the testimony of honest men heard and approved, they all appear to the Court to be true and justifiable. This man notwithstanding gainesayed all, denied the confessions of those had been tortured and executed, made a ridiculous scoff of the Letters and attestations, labouring to excuse himself and put off the matter with a jest: but withal he besought the Court they would proceed no farther against him, but either send him to perpetual banishment, or condemn him to the Galleys. Hereupon they adjudged him to be tortured: the first day he was hoist thrice without any weight; nor would he confess any thing: the second day being twice drawn up by the Pulley, he seemed very feeble; upon this they let him down to the ground, and loosened his cords, when instantly he died, not without strong suspicion that he had poisoned himself, as appeared by the tokens in his body. So by the Sentence of justice he was carried by the Hangman to the public place of execution, and there buried. A rumour was spread 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 witness the contrary: because, during the two days wherein he was tortured, he was not in all above one hour on the Torture: beside, his torture was most easy, but his death came by some other means, as hath been declared. The first day of September, john-antonio Giouer da Calanca was called in question, whose own Letter, and others, with their Process and witnesses do testify, that he had plotted to bring a war upon his Country, and to this end had sought to raise Forces in foreign States. john-battista Zambra, of whom we have formerly made mention, hath confessed, that Giover had not only conveyed his Letters and directions to Milan, but also that having written to him to be ready at the service of the house of Milan, and to hinder the Levy of the Three Confederations against the building of Fort Fuentes, the said Giover had returned him this answer; That he would advance the business as much as he could. He hath by his Letters and Spies discovered the secret Counsels of the Three Confederations General to foreign Princes, making offer to procure a good issue to their affairs, rather than to those of his own Country. By his counsel the passage of Milan was shut up, so was it by us to them of that State: yet he by his Office suffered many horses and other things to pass from this State thither, and hath craftily wrought that the Salt and Grain of that State might be kept from hence: having also secretly distributed money here, to corrupt others against the Privileges of our higher Powers. He hath, contrary to the Liberty of our Religion and public Peace, stirred up certain Commonalties of the Three Confederations General, one against another by lies and false reports: and namely, he counseled and helped to burn the Seats of the Protestants in the Church of Maso●h, their Bells to bury under ground, and drive out the Ministers; wherein himself was a principal Actor, and for which worthy service he was Knighted by the Pope, to whom he took his Oath, contrary to the Allegiance he owes to his own Country. He published a counterfeit Proclamation at Morbegno, in the name of the Three Confederations General, That those who go to Venice, should not only be denied entertainment and lodging, but also he that should kill any of them, should be free from all danger of punishment or Fine. Many other notorious outrages he hath committed, not needful here to be related. Being therefore two several times summoned to the Court of justice, and not appearing, he was banished, and had like Sentence of condemnation with that of Captain Rodulphus Planta. The same day Process was framed by due course of justice against Lucio di Monte, chief judge of the Grison Confederation, for that it was evidently proved by his own Letters, and others, and by divers witnesses, that he made his way to that Office by the money of foreign Princes, assisting them and their affairs in matter of State, with all his power; receiving at one time two hundred Doubles of Spain from a Secretary to a foreign Prince, and from another Prince three hundred gold Crowns for the like service. He hath likewise received much money from a certain Ambassador of a foreign Prince, and disbursed seven hundred Crowns for obtaining the Office of Lantama, or chief justice of Lugniz with corruption and presents: and yet (to the terror of all men) took his corporal Oath, that he entertained no secret practice with any foreign State. While he was in his office of supreme judge 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 General into extreme danger. He hath further threatened when State matters were in handling, that unless they succeeded as he would have them, he would cause to be made such a havoc and spoil among them, as it should reach to their destruction and loss of life. He showed his readiness to receive 50000. Crowns, for soliciting the unjust Articles of the League with Milan, and working us to a consent thereunto: wherein notwithstanding, the rest of his Complices would not give their consent, for fear, if the League should go forward, he would keep all the money to himself. Moreover, he hath held strict practices with foreigners, to the great prejudice of our State, and hath dared to brag that he had seventeen of our Commonalties within the League of Cadè, at his command, and in the rest of our Confederations he was grown so powerful and strong, as he nothing esteemed the contrary party: whereby he became so insolent, as he would force them to his ends by open violence, or else threaten to kill them like Calves. Lastly, he hath demanded Arms, with succours of foreign States against his own Country. Hereof being conscious, and of many other villainies, he is fled the Country and Liberties thereof: and being summoned by the Court of justice, and not making appearance, he was banished, and received like Sentence of condemnation with Pompeius Planta. Some few days after, john Bishop of Coira was accused, who eleven years since had been banished by order of Law, and impartial judgement of both the Religions of the Three Confederations General, for many foul crimes, and other transgressions against his Country: namely, for advising and assisting that the Three Confederations General might not keep their Oath and covenant (which they ought) with other Princes and foreign States their Colleagues: and for receiving and disbursing divers sums of money, that we might oppose the Lords of Switzerland our faithful Neighbours and Confederates. Likewise, he put his Bishopric under the Protection of those that were our professed and sworn enemies, and knowing himself guilty of this perfidy, he laboured (in case his villainies should come to light) to hold the Office of a Legate in the Countries of Germany. Not long after, contrary to the Proclamation of the Three Confederations for his banishment, he being confederate with the disloyal and traitorous men of our Country, who had then the power of the Supreme Magistrate in their own hands, and returning to his Bishopric at Coira, whither he was brought by Rodulphus Planta, chief head of the Treason against his Country, he hath here continued in his former practices, and persisted in his pernicious complotings against the State. He hath rob our House near Fustemburgh in his Diocese, and hath placed therein a perfidious person, and one banished our State. He hath contrary to Law taken away the Hereditary Lands belonging to his Bishopric, from those that possessed them by descent, but were not of his Episcopal faction, and given them to others of his own party. He hath aliened and conveyed away divers Lands from his Church, without the consent or knowledge of the League of Cadè, which is Visitor and Protector of that Bishopric; and hath employed wicked, perfidious, and temerarious persons, in his service, and against the State. He hath preached in Villages of matters of State, contrary to his Oath, and the dignity of his calling. He hath taken bribes in differences and suits in Law between party and party, concerning the Limits and boundaries of our Country, ever assisting that side which opposed us. He styleth his confederates that are of the reformed Religion, by the name of Heretics, when he mentioneth them to foreign Princes, contrary to the peace of our Religion and Country. He hath denied them burial in that part of his jurisdiction which is out of our Country, so as they are forced to bring the corpse hither to have Christian burial: besides many other Partialities. And having had notice that his actions were made known to the Commonalties and Councillors, he retired himself last year out of our jurisdiction: and being lawfully summoned to the Court, he failed to appear. Hereupon the honourable Court of justice proceeded against him the 15. of September this present year, and upon sufficient examination of his own hand-writing, and others, divers witnesses being produced and heard, and all the premises clearly proved, besides many other; the Court hath decreed to add new vigour to the former Proclamation of his banishment for life; confiscating all his own proper goods, and reserving those of the Bishopric: and hath further commanded the League of Cadè, and the Dean and Chapter of that Cathedral Church, to proceed as speedily as conveniently they may, to the election of a new Bishop: straightly charging and forbidding all men to harbour him in the Country, and being taken there, to have his head cut off. Process was likewise framed against many others, whose several crimes & offences for brevities sake we omit. But besides the former, we find other wicked men so much corrupted and bribed with Presents and Donatives from the Ministers of the French King, as they have not only promised to observe the League, (in which case no bribes were needful, every man being resolved to keep his Oath and bear himself as became his honour and reputation) but also to apply themselves in all things to the good will and pleasure of those public Ministers: and accordingly, some servants of his said Majesty have thrust themselves into businesses not comprised in the Articles, promising not to give passage through our Countries, (as if they were their own) and not to give their consent that we should enter League with any other. These very men, upon acknowledgement of great Donatives and expectation of greater sums promised, have likewise made themselves Vassals and humble Servants to the Catholic King's Ambassador in Switzerland, he hoping by this means to obtain his demand in our Country; namely, that the King his Master may be absolute Lord of all our passages. And yet these self-same men have taken money of the Venetians, to further their demand of some Troops of ours, or else to have free passage for those they should levy from other places; or at least if any should favour their affair, to be silent, and hear and see nothing. By which means, drawing to themselves the treasures of other Princes, and impudently cozening both the one side and other, they have brought our common Country 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 live splendidly, and grow infinitely rich. Some of these men have been banished their Country, and had they been taken, they had been sentenced to be hanged and beheaded: some have forfeited their estates, honours, and Arms; others put out of our Counsels; others have lost their money and goods; and many have been accused that have cleared themselves; who not being convicted of any crime, either by their own writing, confession, or testimony of honest and Legal men, they have been discharged without paying one penny of mulct, or Fees of the Court whatsoever. So that in conclusion, whosoever will take knowledge of our manner of proceeding, shall evidently see, that we have been forced thereunto by urgent necessity. First, that God the Lord of Hosts might be glorified, who hath planted us in this Ecclesiastical and Civil Liberty; and secondly, that our common Country might be preserved by justice, to the extermination and banishment of all Treasons, the punishment of all notorious offences, the advancement of true virtue and loyal honesty, the reformation of evil abuses, and restoration of our ancient Liberty, for the sincere and real propagation thereof to our Posterity. And these are the true causes and reasons why we are falsely slandered and calumniated by our perfidious Countrymen and other malicious persons, blaming us to other Princes and foreign States, as if this our Assembly and judicial proceeding had been only appointed for private factions, wicked emulations, hatred against the Roman Catholic Religion, and despite of our Confederates & ancient friends, to change them for new, & colleague ourselves with them. But we are in good hope, that they who shall hear such persons talk, against whom we have sent out our Process and Proclamation, will likewise remember, that they are the same men who have so falsely and so often deceived foreign Princes and States our neighbours, receiving great sums of money from them, and in word promising much in divers places, but in effect performing nothing. And as they have vainly sought to excuse their falsehood against their accusers, so no doubt they will not be ashamed with false machinations and pretences to palliate and cloak their malice. If these so powerful men have been faithful Ministers in the government of our Country, and have carried themselves with such integrity and sincerity towards all men, why do other Princes and States complain of our ill government, and of our daily changing our Counsels, whereof these men have been the only occasion? Why do they contest with Barons and Earls in all manner of riches and magnificence, and yet leave the Country empty of all provision? Can a Prince or foreign State complain of any man's perfidy, and not of these, with whom he hath had so strict intelligence, who promised them much, yet neither did nor could do any thing? Who can charge us to have persecuted any one Family or Commonalty through faction or emulation, since it plainly appeareth, that the persons executed were of divers Families and Commonalties? who will imagine they were falsely slandered of divers things, when the Articles whereof they stood accused, appeared to be plainly proved by their own handwritings, and those of their Complices? Who will believe that their faults are aggravated, and they condemned not being guilty, when their own writings, actions, and confessions do plainly give evidence, that the bloody Fort Fuentes was built by their counsel, assistance, and contribution? who also pronounced them enemies that hindered the work, and bewrayed the secret deliberations of our Country, which were so honest, sincere, and to no man prejudicial: prescribing us the way how to carry ourselves in that business, that through fear we might become base and pusillanimous; to which service they were drawn by money, like vile and mercenary persons. But they say we have a particular Faction by which they are persecuted. This which they call Faction, is that which desireth to advance, preserve, and defend the Honour and Word of God, consisting of all the real and true Subjects of our Country of both Religions. This is the Faction, that desireth to keep the Liberties of our Country, according to our ancient laws and ordinances. This is the Faction, that desireth to maintain their Faith, Honour, and Oath, with all their Confederates. This is the Faction, that now for many years hath promised to receive no Pension of foreign Princes for matters of State, and that never made promise of any thing that it hath not faithfully performed; and for long time hath with much patience and more grief endured such wicked persons. These are the children and posterity of those that have freed themselves from Tyrants, and will no longer acknowledge their Successors as Superiors, but as neighbours; and these are they that sustain & support themselves by their integrity; they hate all Arrogancy and Ambition; they desire not to thrust their fingers into Prince's Treasures, but serve them faithfully and honestly for their Pay in all their occasions, when they are required, and who venture their lives and goods with all readiness and obedience for the defence of justice, and suppression of violence. In conclusion, this is the Faction that never could, can, or will endure so many gross abuses and seditious practices against our Country. These perfidious persons must needs have a feeling (if not in themselves, yet by others) that all men have the glory of God, and the truth of their own Religion in tender recommendation, and that every one thinks in his own conscience, it is a deadly sin not to defend it, and resist the persecutors thereof: and yet these men shame not to give out, and publish to the world, that our end is nothing else but to persecute the Catholic Roman Religion, and to drive it out of our Country. Had the Roman Catholics alone made this complaint, perchance some might have believed them; but why then do they of the reformed Religion complain, who (as they say) are not molested? Why then do both the Religions with hand and heart unite themselves in these proceed for defence of their Country, and maintenance of their ancient liberties? Why do both Religions sit together in Court of justice at this present, with equity and indifferency to punish offenders both Reform and Roman? But these bad men kept long secret in their bosoms this their calumniation and slander, till now the water of the Fountains runs so clear, as they can no longer by troubling it, disturb the peace of our Country: and therefore now upon discovery of their perfidious and false hearts, they use this false pretext of Religion, to withdraw our Subjects from their Country's service, and to draw our neighbour Princes and others, not to further with such zeal as they ought, the good success of these our proceed. Let them give leave to the honest and good men of our Country who are still among us, to complain in this particular of Religion, of whom we firmly believe that no one man of either Profession will ever open his lips, because we have never suffered in all our proceed, that the least violence should be used to the one, or the other. They say we have put to death the Archpriest of Sondrio: To this we answer, It is true, and he had but justice; yet have we not taken away the Benefice, but have given order for another to be chosen in his place, to discharge that Office: Nor did we proceed against him, for that he was a Priest, but for his bloody deeds, his wicked counsels, and Treasons. In like manner the Bishop of Coira stands outlawed and banished, but his Bishopric is not abolished; and another in his stead is to have the possession. Besides, there have been more of the reformed Religion punished, then of Catholics. It seems in these our days, that Religion is used as a cloak and pretext for wicked and nefarious actions, and it is the ordinary custom of those men to serve their turns with such excuses, who in their life and conversation never showed any acknowledgement of Religion at all: nor have any pretence of truth, to approve the innocency and integrity of their actions. We are likewise charged to have despised and set at nought the Majesties of other monarchs in a barbarous manner, by renouncing our Faith given them, and quitting our friendship and Alliance with them. But we knowing well, that to despise and calumniate the said Majesties is utterly against the Christian Faith; we do therefore hold them in all reverent esteem and observation, and think ourselves much honoured, if we enjoy their good favour and friendship: yet neither may nor can we by any means approve the undiscreet and inconvenient actions of some of their Servants: we hold them for our Confederates, but we are not tied to them in any special duties, or services not comprised in their Commission, nor specified in the Articles of League with us. Who can truly say, or charge any Deliberation or Council of ours, to have renounced or broken any League or intelligence we had with others? We both in general and in particular are ready, to maintain towards all men our Faith, Credit, Honour, Oath, and good correspondency, and neighbourhood. And albeit some Ambassadors by their undiscreet carriages have provoked us to just displeasure, yet have we no purpose to diminish any one point in our interchangeable Leagues with others, or to molest and trouble them any way, only we could wish, that those Ministers of State were prescribed a better course how to carry themselves, or else that their Masters would call them home, and send others in their place. If our People were so temerarious and headstrong as these calumniators would make the world believe; we, adhering to them as Authors of all lewdness, should every year have made Leagues and broken them, like these our slanders, who have wrought their uttermost among us to renounce and quit all our true and real Confederations, which, by the constancy and faithfulness of our People, and some of our Heads and councillors, we still maintain in their force and inviolable: and if any fault hath been made, or failing in duties whereto we were obliged by Article, the blame is to be laid upon those perfidious Patriots, who like Merchants suffered themselves to be won with money, by their false shadows and pretences of danger, to turn our Common People from the right way, who hold among us the supreme Authority. By all which things aforesaid, we hope that every man (especially such as know what true liberty is, and wherein it consisteth) shall have occasion for the time to come, to judge more modestly of our actions, without giving ear to false pretences, or favouring the said perfidious Countrymen of ours, by us justly banished; but shall banish them likewise out of their limits, as persons most wicked, and deserving any kind of punishment. GOD, who changeth Kingdoms, setteth up and pulleth down Kings, enlargeth Dominions, and raiseth the Humble, keep in his gracious favour and protection all States and Commonwealths, defend them from War and Treason, from suspicions and jealousies; confounding all perfidious practices by his mighty Power, and preserving all good Governments by his infinite Mercy. Amen. AND to the intent that the world may know, how much these mercenary men of ours took upon them, by propounding and procuring to sell our Liberty, and Treasury to Princes and foreign States: we have set down word by word, the Articles of the League between his Majesty of Spain, and our Countries, to which League they persuaded our Commons in the year 1617. Articles drawn and to be agreed upon the 9 of March 1617. by the most Illustrious Don Alfonso Casale, Councillor and Ambassador for the Catholic Majesty in Switzerland; in the name and behalf of the most Illustrious Prince Don Pietro di Toledo, Governor of the State of Milan, on the one party: and the Lords the Heads and Deputies of the Three high Confederations General of Grisons on th' other party: with the good liking and approbation of his Majesty, and of the said Three Confederations General. WHereas there hath ever been a good, sincere, and faithful amity, neighbourhood, and correspondency between the Duke of Milan, and the Three Consederations General; the which, ever since the High and Mighty Kings of Spain hau● been Lords of that State, hath been continued by their Majesties: therefore both the parties, upon die consideration of the happiness, profit and security, which ariseth from the good affection, sincerity, and loving intelligence between them; and to the intent that all cause of jealousy and diffidence might be removed, which hath or might heretofore happen between the Majesty of Philip the third, and the said Three Confederations General; and that a perpetual good intelligence, faithful neighbourhood, and a real and mutual union might be established between them: they have to the honour and glory of GOD, and to the public good and safety, jointly resolved to conclude this present Capitulation, Treaty, and Union, to stand in the full force and virtue of a continual and hereditary League. And therefore the most Illustrious Prince and Lord, Don Pietro di Toledo General of Milan, in the name and behalf of his Majesty, and his successors Dukes of Milan on th' one party, and the High and Noble Lords the Precedents, Councillors, and Commonalties of the Three Confederations General on the other party, do promise, that between his Majesty as Duke of Milan, together with the Subjects of the said Duchy, and the Three Confederations General, with all their Subjects in Valtelina, Bombio, and the County of Chiavenna, shall be a true, sincere, and perpetual amity, correspondency, neighbourhood, and union; so at neither party shall suffer themselves to be employed upon any service or occasion, to the prejudice and hurt of the other; nor shall suffer that through their Countries or their Subjects, any passage, counsel, or aid shall be given directly or indirectly, which may secretly or openly damnify 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 understand any secret practice or attempt, whereby may be engaged the prejudice and hurt of the other; that then they shall without delay give notice thereof, and procure with all diligence and faithfulness to divert the same. And because his Excellency understandeth, that the Three Confederations General would willingly that the Fort built in the year 1603. upon the Confines of Valtelina were demolished, as a pawn and pledge that they were again restored into the good favour and assured confidence of his Majesty; he promiseth, in testimony of his majesties good affection to the Three Confederations General, That, so soon as this said Capitulation shall be concluded, sworn, 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 never be rebuilt, so long as the Contents of this Capitulation be faithfully and inviolably kept, and no second cause be given his Majesty of diffidence and doubt of them, as was in the year 1603. And forasmuch as the said Lords Precedents, Councillors, and Commonalties of the Three Confederations General, do 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 year before; they therefore promise for themselves and their Successors, never to renew the said League or passage, nor to give their consent thereunto, so long as this Capitulation shall continue. That commerce, negotiation, and passage shall be free through both their Countries, and for all their Subjects without exception of persons, of what quality and condition so ever: but with this proviso, that in their Letters of credence there be no scandal, nor bring in with them prohibited books, and that in time of Pestilence or Plague, the ancient customs be observed. And concerning the Toll of Cattle or other commodities, which shall be brought into the State of Milan, they shall enjoy the like liberties with those already granted to such Swiss Cantons as are confederate with his Majesty. And in case it so happen that his Majesty shall have need of the Soldiers of this Country to defend his Duchy of Milan, he shall have a Levy granted him by the Three Confederations General, of four thousand men at the most, and two thousand at the least, (but all to be voluntaries;) reserving notwithstanding a power in the Three Confederations General, to grant a greater number at their pleasure: The choice of the Colonel and Captains to be made by his majesties Ambassador: who having made the said levy, he shall agree with the Colonel and Captains chosen, for their Arms and Pay. And in case his Majesty would cause to pass into his Duchy of Milan, through the Country of the Three Confederations General, or of their Subjects, any number of foreign Soldiers, for the preservation and defence of his Duchy or other his States, free passage shall be granted to his Captains and Officers, so as their Troops consist of no more than two hundred men, and that they be always distant one days journey the one from the other. Every troup also shall have his Captain or Leader, and also one Commissary appointed by the Three Confederations General, at the charge of his Majesty, to see that good order and discipline be kept, for the avoiding of all inconveniences; which Soldiers shall pay for their victuals, and other customs, and shall bear themselves quietly & peaceably throughout the Country. They shall bear no other Arms but Sword and Dagger, if they be on foot; and they on horseback, nothing but their Pistols: and in case it shall appear by proof, that these Soldiers have damnisied the Countries of the Three Confederations General, that then his Majesty shall be bound to make restitution. On th' other side, if it should so happen that the Three Confederations General were set upon in hostile manner by any Prince, Potentate, or free State, that then his Majesty shall be bound upon every their demand, to send to their succours two thousand foot, and two hundred horse, upon his own expense till the war be ended: and in case the Three Confederations General should stand in need of greater succours, his Majesty shall be bound to send them forthwith: But if the Three Confederations General shall find it more for their advantage, or like it better to have money then Soldiers; that then his Majesty shall truly pay them ten thousand Crowns a month so long as their war lasteth, and shall lend them six Pieces of Artillery and Munition thereunto belonging, as far as the uttermost bounds of the County of Chiavenna, with condition that the war being done, the Artillery be restored. It shall be lawful for the Three Confederations General and their Subjects, to buy at the Fair of Como and Palanza in the Duchy of Milan, all sorts of Grain for every man's use and necessity, with like freedom as those Swisse-Cantons do, which are in League with his Majesty. His Majesty as Duke of Milan, according to his wont Princely Liberality, and to testify his gracious favour to the Three Confederations General, promiseth to pay into the Exchequer of each Confederation General yearly, upon St. john Baptists day, three thousand Florins, worth three shillings nine pence Sterling apiece: This payment to begin the first Saint john Baptists day after the Sealing and Swearing of this Union. And when any difference or dispute shall ●…se between his Majesty and the Three Confederations General, two Arbiters shall be chosen of either party, who shall meet at Chiavenna or Lorico, as the one or other par●… shall be Plaintiff or Defendant; and these differences between them in two months to be clearly determined and decided. And in case any difference arise between private persons of both the States, that then the Plaintiff shall call the Defendant before his Magistrate and judge: but in case they cannot here be agreed, and their difference compounded, that then each of the Parties shall have choice of one able man well experienced in causes of justice, out of the adversaries Country: and then to cast Lots which of these two shall determine the difference. That this present Capitulation shall be no way prejudicial to the League and Letter-*riversall, made and given by the Three Confederations General with the Crown of France: but that, that League and Letter shall still remain in their force, and their own proper words. That this present Capitulation shall be perpetual and hereditary; his Majesty reserving on his part the holy Sea of Rome, the Sacred Roman 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 General reserving the Sacred Roman Empire, their League and Letter-*riversall with the Crown of France, their perpetual Union with the High and Mighty House of Austria, their Confederation with the Cantons of Switzerland, and all other their ancient Leagues which have been formerly inviolably and effectually kept and observed. FINIS.