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

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restored and re-established amongst the Electors Princes and States of the Sacred Empire Finally his Imperiall Maiestie assures this Illustrious Presence of Electors and Princes and the Ambassadours of those that are absent of his Royall Grace and fauour Dated at Regenspurgh the Imperiall Seat appending Ianuary 7. 1623. To three of which Propositions of the Emperours the Electors Princes and Ambassadours thirteene daies after that is vpon the twentieth of Ianuary vpon mature consultation gaue in their seuerall Aduices as here next followeth Our dutie it is most gratious Lord and Caesar to giue your Maiestie most heartie thankes for that franck profession of your fatherly care of the good and quiet of the Empire humbly desiring your Imperiall Maiestie in these troublesome times especially to perseuere in that gracious resolution We haue well vnderstood by the late Propositions the reasons alledged by your Maiestie for iustification of your proceedings in proscribing the Prince Palatine and depriuing him of his Electorall dignitie with your intention also to conferre it vpon his Highnesse the Duke of Bavaria and that vpon this businesse and vpon the meanes withall to restore a generall and a firme peace how earnestly your Maiesty hath desired vs to deliuer vp our free Aduices both which we are here at this present vnder your Maiesties gracious correction readie to doe After which part of them spake as followeth Considering the weight and importance of such a businesse we thought it fitter to deferre this deliberation vntil the comming of the Dukes of Brunswick and Pomeren vnto the Diet yet considering it might happen to proue but losse of time to expect those of whose comming we are not certaine we now desiring his Maiesty once againe to solicite the comming of the Dukes aforesaid haue in the meane time thought vpon what we should now deliuer vp Although your Imperiall Maiestie may sufficiently seeme to haue had cause enough to haue published the Ban against the Prince Palatine yet are wee of the opinion that in this particular cause which so nearely concerned the disposing of an Electorate of the Empire and so principall a person too of the Electorall Colledge the sudden doing of which might occasion such great and tedious wars and dangerous ruines in the Romane Empire that Caesar should not of himselfe haue proceeded so rigorously nor without the aduice and consent of all the rest of the Electors according as it is agreed vpon in the Capitulation Royall which is holden for a fundamentall law of the Empire Which course of Caesars euen for the manner of proceeding in it was exceedingly distasted by diuers seeing that the most doubted not to professe how that the Prince Palatine hauing neuer beene sufficiently and publikely summoned but vncited and vnheard without all knowledge of his cause and contrary to all ordinary course and presidents of Law had beene condemned and against all equitie oppressed by the publication of that Imperiall Ban. We purpose not to call the power Imperiall into question yet can we but remember your Maiestie of that promise made in your Capitulation vnto the Electors and humbly wee admonish Caesar to stand vnto his owne word and not to intermit the performance of it As for the disposing of the Electorate we desire nothing more then that we had the power to gratifie Caesar with our suffrages but perceiuing so many and so great difficulties in it we cannot but admonish your Maiestie of the danger of it This being the opinion of our Electors that seeing your Maiesty hath graciously called this Diet for the restoring of peace in the Empire that it were altogether necessarie first of all to remoue the obstacles of peace And seeing that all the stirs began in Bohemia Caesar should doe well to labour first of all for the quietting of that Kingdome and command a stay to be made of the seuere Reformation and frequent Executions there that so the hearts of the Subiects being ouercome with grace and mercie might be sweetly reconciled and all feare and distrust from which little good will comes from the people toward their Gouernour might be vtterly taken away which thing vnlesse it be timely vndertaken we see no hope either how your Maiestie can sit sure vpon the Imperiall Throne or how the Electors and Princes can be freed of their feares there being most euident danger that the Bohemians and others being made desperat by the extremitie of their sufferings will take hold vpon any occasion to begin new troubles and to inuolue the Emperor and the Empire with new dangers All the Lutheran States of the Empire likewise which follow the Augustine Confession haue their eyes vpon this Bohemian Reformation which though it were giuen out to be for a priuate Iustice yet is it so linckt with the publike cause that vnlesse it be speedily ended and the two Churches at Prage granted by Rodolphus the second not in fauour of some priuate men alone but of Christian Elector of Saxony and which had continued free vntil the 24. of October the last yeare were againe opened and the free exercise of Religion generally permitted we see no sure peace likely to be in the Empire but vtter ruine rather and finall desolation may euery day be feared Seeing that it was most apparently knowne how that it was not those that professed the Reformed Religion who begun these troubles but the Noblemen and great Officers whose designes the other were compelled to obey There should therefore be obserued an equalitie in punishments but much better it were to resolue vpon a generall pardon and a forgetting of former trespasses throughout the Kingdome of Bohemia And as for the Prince Palatine likewise seeing he was alreadie sufficiently punished it were far more commendable in your Maiestie that now at last vpon his submission you would be pleased to restore him to his lands and dignities considering that if processe be executed according to the extreame rigour of Law it could neuer possibly bee that so long as he liued and had any pretence at all that euer there should be any peace but perpetuall acts of hostily rather in the Roman Empire Touching the point likewise of the transferring of the Electorate this one maine thing were fit to be considered of viZ. whither the Prince Palatine being in his owne person vtterly excluded that his children who by the prouidence of their Ancestors had before this Act of their Father Ius adquisitum an hereditarie right vnto the Electorate or that the Brother of the Prince Palatine who hath no way offended your Maiestie nor by reason of his minoritie could not or other of the kinred of the Prince Palatine should be or ought to be in this case neglected which proceeding would be but hardly taken of other Electors and Princes and occasion various distrusts betweene the head and the members The Princes moreouer allied vnto the Prince Palatine who had vpon confidence of Caesars clemencie bin quiet hitherto now perceiuing all hope of the restoring