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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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onely wee desire the Catholike Electors and Princes to perswade themselues that wee no way enuy their safety As for that contribution and the restraining of the States of the Low Countries we thus far forth agree with the rest that it ought to bee referred to the future Dyet To this Answer they all subioyned a Relation wherein you haue the minds of the Catholike Princes iointly together and that of the Electors of Saxony and Brandenburgh the Landtgraue of Darmstadt each seuerally by themselues The Catholike Princes begin in which they come nearer to the termes of peaceable proceedings IT seemed most necessary vnto vs most gracious Lord and Caesar in our consultations vpon your Imperiall Replica to exhibite the summe of all vnto your Maiesty as followeth We haue taken it into our consideration That if both parties in this Dyet shall still persist in aduising contrary causes and no middle termes be found out vpon which wee may both agree and conioyne our voyces there may bee much danger in it that this so long expected Dyet must breake vp at last without any good end which will be for euer vnexcusable seeing that so many eyes both within and without the Empire are cast vpon it looking after this to see either the sure confirmation or the vtter ruine of the Empire we haue thought it fittest to admonish Caesar to continue constant vnto that purpose of his concerning the receiuing of the Prince Palatine into grace excepting onely the restoring of him to his Electorall Dignity which resolution hath beene created in your Maiesty by the earnest intercessions and intreaties of so many Princes Prouided that his due submission and declaration of his obedience be first manifested that so there may be left some hope vnto the Prince of an entire reconciliation And seeing that the King of England hath required that there might still be some respect and consideration had to his Grandchildren and that there haue beene some motions made of the pretences of the neere kindred of the Prince aforesaid in our former consultations We most humbly beseech Caesar to consent vnto the reconciliation of the King of Englands Grandchildren and that time and place may be set to the Princes kinsmen to pursue their seuerall pretences either by the way of a friendly comprimise or by course of law And if your Maiesty be still resolute to transferre his Electorate vpon the Duke of Bauaria and bee firmly of the mind that this proceeding shal neither bee contrary vnto the golden Bull nor to your owne Capitulation Royall yet that you would bee entreated so to moderate the businesse that it may no wayes appeare preiudiciall vnto the Grandchildren of the King of England and vnto the Prince Palatines other Kinsmen And seeing that the many vertues and heroicall minde of the Duke of Bavaria and his care for the aduancement of Iustice and of the peace of the Empire are sufficiently knowne wee hope his Highnes will not take it ill to be timely admonished of the whole businesse and of the dependancies of it After this the Ambassadors of the Elector of Saxony spake as followeth How well affected our Lord and Master is to peace appeares by the reasons laid downe in our former Aduice which reasons being so grounded vpon the Constitutions of the Empire they Lawes Customes and best Examples that they deserue not to be neglected which if they might once take place wee doe not doubt but they would proue very beneficiall For our selues we are tied to our instructions so that it cannot be accounted our faults if we goe no further then we haue said before For this is the constant opinion of our Elector That the meanes of obtaining the most desired Peace consists not in the translation of the Electorate but in the restitution of the Prince Palatine The Ambassadors of the Elector of Brandenburgh spake next Our former Aduice expresses sufficiently what way our Lord and Master holds best for the restoring of Peace And seeing wee haue receiued no further Command to approue of any other course wee can now say no otherwise then what wee haue done in our Aduice which was still to vrge the restoring of the Prince Elector Palatine and to affirme that the translation of the Electorate is no meanes of peace And seeing that for want of any further Command we cannot consent to no other Course We hold that the meanes proposed by our Elector all being well as yet is the best course both to assure the honor and obedience due vnto Caesar and to recover the generall peace of the Empire Last of all spake the Landtgraue of Darmstadt Seeing that the Translation of the Electorate pertaines to the whole Colledge of the Electors to dispose of I therefore thinke it fittest to referre it thither And seeing that the generall quiet of the Empire is disturbed by that Bohemian Reformation it is my opinion that all the Electors and Princes would most humbly perswade with Caesar to remedy that after which I dare assure my selfe that all the rest of our Designes will succeed the better And these were the things which the Electors and Princes had then resolved to exhibite vnto Caesar To whom c. The next day being the 22. of February they thus gaue in their Answere to the three last Emperiall Propositions Wee cannot omit most gracious Lord and Caesar to giue vp our Advice also vpon those heads of your Maiesties Propositions which concerne the remedying of the grievances so oft complained vpon the Restitution of Iustice and the calling in of the Coines of base allay vnto the Standard All which that they may be now remedied after so many meetings and consultations vpon them which haue still beene disturb'd and broken off by these troubles is our earnest Prayer As for the grievances of the Citties seeing they concerne so many severall States without whose particular information and advise they can neither be sufficiently knowne nor remedied We thinke it fit that all their Councels were askt vpon it As for the course of justice now vtterly oppressed almost in the Emperiall Chamber of Spyers which having beene the fountaine of so many mischiefes and confusions now so rife in the Empire which vnlesse Iustice be timely relieved will no doubt breed more It is our duties to assist our Emperour in such a difficultie which so neerely concernes his Crowne and dignitie with our best counsayles and helpes for the reviving of justice which lyes now a dying T is well knowne whence this corruption of justice began and that it lyes not in the power of a few to remedy it For which cause we hold it convenient to referre this over to a generall Dyett And yet is it neverthelesse the opinion of some of vs that this will both much advance the Peace and ease the Citties and the towne of Spyers especially which is the port of Iustice to which every man puts in now so over-charged with Garrison if that Caesar would
timely take it into his care to make a fit supply of the voyd places of the Iudges there which haue vsed still to be fetcht out of the Westphalian-Circle And as for the embasing of the moneyes and how every man seeking for his private Cōmoditie takes advantage vpon it and of the irrecoverable damage from thence redounding vnto the Empire it were but superfluous to rip vp considering how evidently the encrease of these mischiefes was to be seene for which enormities if a speedie course were not taken farewell then the glory and wealth of the Romane Empire And although some Princes Ambassadors there were firmely of the mind that this also belonged vnto a generall Dyet yet notwithstanding seeing that certaine States of the Empire had advisedly considered vpon it and had alreadie done some good that way in the Empire namely by an Edict published Anno 1595. whereby the gold and silver Coynes of greater value were reduced vnto their iust worth and the smaller and baser quite calld in there is no doubt but if other Citties and those especially which haue yearely Marts and great Trading were envited vnto this course and that Caesar also would take the like order in his owne Dominions that this evill would be well enough provided for Another part of vs also thinke it fit to referre thus much vnto Caesars owne wisedome and libertie that besides the calling downe and calling in of the bad moneyes and the new Coyning of others which should be according to the constitutions of the Empire that a Rate may also be set vpon all Commodities and Sales proportionable vnto the valew of the Moneyes For seeing that this great abuse was first brought in by a few which proved generall by degrees so there is no doubt but that if this Reduction were to be generally obeyed others would be wary of loosing by bad moneys which would make the meanes for the remedying of these abuses the more facile and apparent against the next generall Dyett All which we submit c. To this Answere and Relation his Imperiall Maiestie the next day being the 23. of February gaue his finall Resolution as here followeth OVR most gracious Lord the Romane Emperour c. hath received the Answeres of the Electors Princes and Ambassadors vnto his Imperiall Replica with an humble relation besides whereby he well vnderstands their desires for the restoring of the Palatine Now his Imperiall Maiestie could haue wished that the said banished Palatine after so many admonitions had by his submission made himselfe capeable of his Imperiall favour Wherefore his Maiestie hath also taken in good part the former letters of the Electors of Saxony and Brandenburgh written in favour of him But considering on the other side the manifolde trespasses of the Palatine aforesaid his Maiestie imagines that he cannot be thought any way to be blamed if he executes Iustice to the terror and example of others Neverthelesse that it may appeare how farre his Imperiall Maiestie as a Lord that meanes well is willing to condescend vnto the earnest Intercession of the Princes of the Empire and yeeld vnto the so much desired mercy and how well he is inclined to consider deliberately of those difficulties and dangers which haue with a good meaning beene forecast by them His Maiesty herevpon declareth himselfe to be well enough content so far forth as concerneth his suffering of the Palatine to be reconciled vnto him for the sakes of those Kings Electors and Princes who haue interceded for him and to giue demonstration therewithall of his Maiesties owne good and peaceable disposition namely that his Maiestie is content vpon the due submission deprecation and present demonstration of his due obedience Faith and Allegeance and his desisting withall from any warlike preparations to grant him the Reconciliation as the case shal require Excepting onely his admission vnto the Electorall dignity Trusting that those who haue interceded for the Palatine will also perswade him that not neglecting his Royall grace and mercy he doe not againe depriue himselfe of the benefit of it by deferring his submission but that he embrace it with due thankfulnes and demeane himselfe accordingly And for as much as concerneth the Palatines children and their future issue as also his next kinsmen and their pretended right vnto the Electorate and Inheritance The Electors and Princes haue well vnderstood the reasons which moved his Maiestie to deprive them by the Imperiall Bann which cannot now bee altered But as it never was his Maiesties intention to doe any thing in preiudice of the Electorall preheminencie the Imperiall capitulation the golden Bull or any other of the Constitutions of the Empire So likewise will not his Maiestie cut off or debarre any man from his right But seeing that there be diverse pretenders who lay claime vnto it as amongst the rest the Palatines children brother and others of his kinsmen they shall all remaine still vnpreiudiced in their pretensions For seeing that the afore mentioned Pretenders haue not hither to given in their names nor appeared in it this controversie cannot bee determined so suddenly as they would desire it should And seeing that so many chaunces may vnexpectedly fall out his Maiestie cannot nor will not beare the Electors place voyde and vnprovided any longer and is once for all much lesse resolved to restore it now or at any other time vnto the person of proscribed Palatine but will presently invest the Illustrious Prince the Duke of Bavaria with the Electorall dignity in reward of his many good services done vnto Caesar as hath bin sufficiently showne in the Imperiall propositions Neverthelesse to shew withall a singular favour vnto the King of England and to divers other Potentates Electors Princes and States as likewise to those principally that are here present who haue all interceded for the Palatine his Maiestie is pleased to shew thus much mercy to the children of the Palatine and their future issue and next kinsmen in their severall pretensions as well to the Electorate as to the inheritance of the Palatine that there shall be a meeting appoynted at some convenient place as namely at Norimberg Franckford Ausbugh or Vlme where in loue and friendship the businesse shall bee treated vpon there decided in the name of his Imperiall Maiesty And in case that they cannot end it in loue they shall haue liberty to enter a suite of Law by the Assistance of the Electorall College whose preheminency his Imperial Maiestie will alwayes respect and regard which suite his Maiestie shall further advance and set forward as much as possibly in him lies even in such manner as the sayd interressed Pretenders can wish themselues and their severall pretensions require and that within a set and certaine time which wee may appoint hereafter the cause shall be ended and decided according to the impartiall administration of Iustice His Maiestie shall cause moreover this clause to be inserted into the Investiture of the Duke of Bavaria viz. That the same shall not bee preiudiciall to the Emperour the Roman Empire the children of the Palatine his brother or to the Count Palatine Wolff-wilhelmus Duke of Newburgh or to all or any other kinsmen of his and that all and every ones right and pretensions for so much as shall belong vnto them shall remaine vnpreiudiced and shall expresly be reserved and shall vpon the first opportunity be ended either by the way of friendly comprimise or legall proceeding That so whensoever the Electorate shall be adiudged vnto the children or kinsmen of the Palsgraue they shal enioy that which shall be adiudged and be invested therein by his Imperial Maiestie after the death of the Duke of Bavaria And the said Duke of Bavaria hath given his consent to all this and hath promised to carry himselfe accordingly and to put in sufficient security for the same by a Covenant of an Instrument Reversall as is vsed in such like cases Whereby hee hath most effectually shewne how much he is enclined to the well fare of his Imperiall Maiestie the States of the sacred Roman Empire and to a firme peace and concord And hereunto is his Maiestie constant that although he would doe nothing that might be contrary to the golden Bull or his owne Capitulation Royall but is fully perswaded on the other side that the Electorship is devolved vnto him that hee accordingly may dispose of it neverthelesse hee offers that in regard of the children and kinsmen of the Palsgraue to appoint a set Treatie for it that it may be finally decided either by loue or law as hath been sayd heretofore By which the present Electors Princes and Ambassadours may perceiue his Maiesties care for the publique welfare Moreover his Maiestie hath had a special care to supply the Electorall colledge and doubts not but that when the Temporall Electors with whom he would gladly haue communicated himselfe if he might haue enioyed their companies shall bee fully informed of all as his Maiestie purposes to send them word of it but that they will bee very well pleased with his Maiesties milde delaration his vnpreiudiciall disposition and that they wil likewise confirme the same by their voyces as the Spirituall Electors haue done Seeing that the advancement of a good and a stable peace in the Empire concerneth them no lesse then the other To whom with the Electors and Princes present and the Ambassadors of those that are absent his Imperial Maiestie once againe promiseth all friendship Imperiall fauour and all good offices Dated at Regenspurgh with the Imperiall Seale appending the 23. of February 1622.