THE ACTS OF THE DIET OF REGENSPVRGH: Held in the yeeres 1622 and 1623.


  • 1 Sixe Propositions made by the Emperour.
  • 2 The Consultaes or 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 Jmperiall Propositions.
  • 6 The Emperours finall Resolution concer­ning the whole businesse.

LONDON, Printed for Nathaniel Butter.


The propositions of his Imperiall Maiestie in the Diet of Regenspurg, made in the presence of the two Arch-bishop Electors of Mentz and Cullen, of the Dukes of Bauaria and New­burgh, and the Landtgraue of Darmstadt, the Bishops of Wartzburgh, and Salisburgh, as also of the Ambassadors of the absent Electors of Triers, Saxony, and Brandenburgh: with diuers others, as here followeth.

THe Roman Emperour &c. our graci­ous Lord, doubts not, but that the Electors and Princes here personally assembled, and the Ambassadors of these that are absent, haue by the Imperiall Summons, dated the 29 of Aprill, the last yeere, sufficiently vnderstood, how necessarie his Maiestie iudged it, to call this Diet of Regen­spurg, and in it to consult with their wisdomes, a­bout the present dangers of the Roman Empire. But how the warres and other difficulties haue for­merly hindred this meeting, his Imperiall Maiestie hath by his Letters made apparent to some of the [Page 2] Princes Electors. And for that the Electors and Princes haue vpon the foresaid Summons assem­bled here at this time, his Maiestie returnes them all most hartie thankes, for their prompt obedience herein showne vnto Cesar.

To come to the purpose for which this present Diet is assembled: his Maiestie holds it not necessa­rie to rip vp the occasions, which haue brought the Empire into this distresse; for none here can be ig­norant, of the diuers assemblies of the Princes and States of the Empire, made in the reignes of Rodol­phus and Mathias our predecessors; all which, and the constitutions of them, haue to the great scan­dall of the Empire, & the hinderance of the ordina­rie Processe of Iustice in the Imperiall Chamber of Spyers, beene disobeied and neglected.

In which calamitie of the Empire, diuers turbu­lent Spirits, sometimes vnder colour of Religion, and sometimes vpon other pretexts, haue so farre interposed themselues, that the tumultuous Sub­iects of other Princes haue beene taken into Prote­ction & Leagues made with forem States: To make good which, Protestations and Transactions haue beene passed, and warlike preparations made, not without the great contempt of the Roman Empire.

And after those troubles of Bohemia (long in plotting) had broken out in the yeere 1618. Of which, the Count Palatine (pretending still, That he would haue nothing to doe in that businesse, with the Roman Emperor, but with the Archduke of Au­stria only) hath showne himselfe the chiefe prote­ctor; their Seconds also were so strongly drawn in, [Page 3] that his Imperiall Maiesties Subiects of Hungarie, did after the Bohemian example, elect the Prince of Transyluania to be their King also; which two acts, haue been the occasions of the warres euen brought home vnto vs in our owne Austria, and in sight of our Imperiall Citie of Vienna.

Whereupon certaine of the Electors and Princes of the Empire, perceiuing their Lord in danger of losing his Kingdomes of Bohemia and Hungary, &c. had in March last 1620, in their meeting at Mul­hausen in Duringen, resolued the Emperour that he might take any lawful course to recouer his Estates (as their ioint Letters dated the 20 of that March can still testifie) yet neuerthelesse did his Maiestie herin follow their aduice also, that he first wrote his Letters seuerally vnto them, exhorting them all to desist from medling with any thing that was his Maiesties present and due possession.

But how little these exhortations and threatnings also, euerie where in the Imperiall Proclamations dated April 20, 1620. affixed, haue preuailed, you well perceiue, for the warres not only after this en­creased, but the Turke hath also (by the mediation of Bethlem Gabor) beene sollicited for his aid and assistance.

Seeing therefore that the Roman Emperour for his owne safetie could stay no longer, nor doe no lesse; he hath at last by the aid and valour of those Princes who approued of the Constitutions of the Diet of Mulhausen aforesaid, and principally of the Elector of Saxony, the House of Burgundy, and the Duke of Bauaria, not only recouered his owne pos­sessions [Page 4] of Bohemia, &c. but for the recompensation also of the great charges of the warres, seased vpon the greater part of both the Palatinates.

For which great atchiuements, obtained by the aid of the Princes aforesaid, his Imperiall Maiestie, in his owne Name, and in the Name of the whole Illustrious House of Austria, returnes them most heartie and condigne thankes; with promise, that his Maiestie is likewise as readie to requite their loues, euen with the expence of his life and for­tunes.

And seeing after these victories, the warres had not (as it was hoped that they would) a finall end; his Maiestie was enforced to set out the Imperiall Ban, against Frederick the Count Palatine, and the rest of his partakers.

And although the Vnion of the Protestant Prin­ces, which was at first contriued by those of Heidle­bergh, was about the same time dissolued, and the Palatine thereby left to himselfe; whereupon fol­lowed the mediation of other Princes for a perfect peace and reconciliation; yet did not he thereupon lay downe Armes; but Mansfield still kept the fron­tiers of Bohemia, and Iohn George the Elder (who writes him Marquesse of Brandenburg, and who for abetting and ayding the Palatine, was also proscri­bed with him) ceased not to infest those of Silesia, and to detaine some places in Bohemia also; the Pa­latine in the meane time making into Holland, from thence to returne to the warres againe with greater earnestnesse.

For which reason therefore, hath his Maiestie [Page 5] proceeded in this course of seasing vpon the Inhe­ritances and Dignities of the Palatine, that so the head of the Faction being disabled, he might reigne thenceforth more securely, and get in also his mo­neys and charges, disbursed vpon the wars against him. But to all these courses, did the Palatine afore­said mainly oppose his whole power, both by him­selfe, and his great Captaines Mansfield, Brunswick, and Durlach; by whose Armies diuers Bishopricks, and Countreys, about Strasburgh, Spyres, and Alsa­tia, especially were infested; and in the Archbisho­prick of Mentz, and other places also, in the Circles of Westphalia, the Rhyne, and the Landtgrauiate of Darmstadt; wherein they so long proceeded, euen vntill they were finally beaten out, and vtterly van­quished.

But how much his Imperiall Maiestie hath euer desired to restore sweet peace to his deare country; the Embassies for such a treatie, dispatcht vnto the meeting of Brussels, and vnto the King of Eng­land, may sufficiently witnesse. Which how much the more he vrged, by offering a present Cessation of Armes; so much the further off were his ene­mies from giuing ouer; but giuing out, rather, that it was to no purpose now, to talke of a Submission, seeing they were in hand to gather vp a braue Armie.

To put an end therefore to these troubles, his Maiestie hath once againe (as a soueraigne remedie for all) conuokt this Diet, twice before put off. And seeing that he could not imagine, that there was any man in the Empire so vniust, who had the [Page 6] boldnesse to mediate the restitution of the proscri­bed Palatine, into the Electorall Colledge (who could not but remember the losses he had receiued by those that had taken part against him) he could doe no lesse then to dispose of the Electorate, now pleno Iure deuolued vnto him as Emperour; That so he might both be discharged of his word, and also fill vp the number of the Electors againe; all which he had alreadie (excepting only the Inuesti­ture, which he purposed to finish also at this Diet) bestowed vpon the Duke of Bauaria, in reward of his great good seruices, and many victories, perfor­med and obtained with the expence of his treasure, and the hazard of his blood, for him (the Emperor) against his owne Nephew, the sometimes Elector Palatine, in Bohemia, and by the Riuers of Rhyne, Neckar, and Mayne. And for that his Highnesse (he knew) being a Prince of singular wisdome, would be still studious of the good of the Empire; And so much the Electors and Princes of both Religions might perswade themselues of him, that he would labour by all meanes to maintaine the Edicts, made for the free exercise of Religion.

Wherefore his Imperiall Maiestie most graci­ously requests of this Illustrious presence of Ele­ctors and Princes, as those that are of his Maiesties Priuie Councell; that they would please freely to giue their opinions, namely, how the Empire (which is the maine of the businesse) may hereafter be best gouerned, and new commotions preuented or repressed, and the most wished-for peace vniuer­sally restored.

Secondly, it shall appeare vnto this Illustrious presence of Electors and Princes, what hath beene done in the Kingdome of Hungary with the Prince of Transyluania; and how heartily his Imperiall Maiestie hath euer endeuoured, that by hastning on a Peace, those places, which by reason of the ill neighbour-hood of the Turke, seemed most expo­sed to danger, Might be kept safe from the feare of an Inuasion: those often Embassies of his sent to Presburg, and the long treatie had with the French Ambassadours in his owne Court of Vienna, about that only businesse, can sufficiently witnesse. But at length all controuersies depending betweene his Imperiall Maiestie: and Bethlem Gabor being redu­ced to some termes of a faire composition; and by the treatie held at Niclasburgh first, and by the Diet of the States of Hungary (which continued from May till August afterwards) a finall peace being concluded; the Roman Empire was both delivered from the present danger, and re-estated in her for­mer tranquillitie. It cannot be vnknowne vnto this Illustrious Presence of Electors and Princes, how their neuer enough commended Ancestors, haue beene still most carefull, both in times of war and peace, to keepe the bulwarkes and castles which are in the Frontiers of the Christian world, in good re­paire, well manned, fortified and prouided: which for his Maiestie alone to doe, after his great ex­pences, and spoiling of his countries is most im­possible. Nor is any here ignorant, that the last Em­perours his Maiesties Predecessors, haue not since the yeare 1603. receiued any such Subsidies, as might defray such a charge. All which points this Illustrious presence of Electors and Princes shall [Page 8] do well to consider of, and giue their aduices there­upon; and in the meane time, vntill there may be a generall Parliament of the whole Empire called, to grant his Maiestie so sufficient a Subsidie, that the Fortresses aforesaid (which it concernes the Empire so much to keepe vp) may not either for want, or delay, be exposed to further danger.

Thirdly, seeing that as it is most manifest, that the States of Holland, after the end of the last Truce, haue resumed Armes against the House of Burgun­die, their naturall Lords, which they prosecute to the vtmost of their power; fauouring also and en­tertaining the open enemies of his Imperiall Ma­iestie; and deuising by all meanes, how to lay hold vpon any occasion of remouing the field of warre, out of their owne countrey into the heart of the Empire; hauing already there made themselues Masters of some places. Which proceedings of the said States, this also hath much aduanced; that they haue brought the greater part of the States of the lower Westphalia Circle, within contribution; and that they haue not long since, neere the city of Bonu aboue Cullen, raised the most strong Fort of Papen­mutz; by which they can now command all that Reach of the Riuer of Rhyne; in so much that the neighbouring Electors and States of the Empire (whom it most neerely concerned) haue beene en­forced to petition his Imperiall Maiestie for reliefe in these difficulties. Wherefore, that this so immi­nent a danger, whereunto from this Fort, the Ele­ctors of the Rhyne Circle, and that ancient citie especially, (which it so much concernes the Em­pire to make good) lie so open, may be preuented; his Imperiall Maiestie requires this whole Illustri­ous [Page 9] Presence of Electors, Princes and Ambassa­dours, to giue their aduices.

Fourthly, it is vnknowne to none here, with what earnestnesse the grieuances of the Cities and States of either partie, haue for these many yeeres, and in the yeare 1620. especially, in the last assem­blies, beene vrged; and what meetings also and Ambassies, haue for these quarrels purposely been spent; and what writings also, and Iuridicall adui­ces followed thereupon. Wherefore his Imperiall Maiesty most earnestly requires of all the Electors and Princes, to deliuer their Aduices in this cause, how farre (namely) the Emperour may proceed to determine them, without preiudice of his Imperi­all Authoritie, or infringing of the Iurisdiction and sacred Imperiall Constitutions.

Fiftly, seeing his Imperiall Maiestie hath vnder­stood, that by reason of the daily Reuiewes inter­posed in the Imperiall Chamber of Spyers, the course of Iustice hath beene quite hindred; he also desires the Aduices of the Electors and Princes, how this euil may hence-forth at the next assembly be remedied, and Iustice fully restored.

Sixtly, seeing euery man daily feeles to his cost, the great mischiefe which hath hapned in the Em­pire by the minting of bad moneyes, whereupon hath followed the raise of commodities to an ouer deare rate: His Imperiall Maiestie desires this Illu­strious Presence of Electors and Princes, to deliuer their Aduices, how this mischiefe may for a while be remedied, vntill a generall Parliament may op­portunely be called.

And euen as his Imperiall Maiesty perswades himselfe, that hee hath in these propositions, tou­ched [Page 10] the maine of the businesse, which is to be con­sulted vpon in this following Diet. So also, if vpon the Electors and Princes informations, any thing else shall be thought fit to be enquired of, his Ma­iestie desires to discusse that also with them; that so, sweet peace, loue, and amitie may be 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.

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: [Page 11] 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, [Page 12] 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 [Page 13] 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 [Page 14] 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 of that dignitie vnto their Family vtterly taken away; must needs haue recourse vnto Armes, and endeuor the recouerie of it, by maine force. Againe, if Caesar should die, this controuersie being not compounded, it might wel be feared, that many in­conueniences would fall out, contrarie to Caesars desire. Caesar now indeed vpon the aduantage of his victories had the Law in his owne hand, but if fortune should turne, he were not sure to bring it to such a passe as he desired.

Vpon which Considerations, wee hold it more wisedome, to aduise Caesar not to proceed too sud­denly; and hold it much better for him to accept ra­ther of the intercession of other Electors & Princes, as in such cases hath heretofore beene done. Consi­dering withall, that the Prince Palatine was as then but yong, and had beene abused by ill counsell, and was no wayes the author of those stirres in Bohemia, all being in an vprore before his comming amongst them. And that other offenders had likewise obtai­ned Caesars grace and pardon: which if it would please his Maiesty to grant vnto the Prince Palatine, he should eternally oblige the whole Electoral Col­ledge, and all the Kings and Princes any way of kin or allyed vnto him, and the Prince himselfe and all his posterity, so oft as they remembred this their ex­ile, would be aduised how they againe embroyled themselues in such businesses. Whereas otherwise if he saw the doore of mercy quite shut, and nothing left him but his life, it might be feared, lest he should for his last refuge, apply himselfe vnto some such courses, as would occasion farre greater troubles in the Romane Empirie, Caesar therefore should doe farre righter, if for his owne honor, and the good of the Empire, he would preferre mercy before seueri­ty, and not pursue these extremities.

To all this did the Catholike Princes answer: Cae­sar hath showne causes enough which he had to de­priue the Palatine. And was himselfe resolued, that the Palatinate was now dissolued vnto him, which he might dispose of without hauing regard vnto the Palatines children or kinsmen, according to his own [Page 16] pleasure. His Maiesty could not wel hold any termes of amitie with him, although he were restored: and this impunitie would giue occasion vnto others to offend. As for matter of punishment, there should be no difference betweene the Emperor and the Pa­latine, seeing that his Maiesties Lands and Domini­ons were no lesse wasted then the others. And yet was there great difference in the cause of it, seeing that this fell out to Caesar without his demerit; And the Palatine did the other, hauing no necessity to do it. Hee had refused mercy, not acknowledged his fault, nor sought for any fauour. It is an vnequall request for Caesar to accept of any Reconciliation, seeing that his Generall Mansfield hath not yet laid downe Armes, by which his Master shewes, that hee had rather prosecute his cause by way of Armes, then to desire mercy. The safety of the Empire con­sists in the filling vp of the Electorall Colledge, for which cause Caesar had done very well in a speedy re­soluing vpon it, seeing that other Emperours had in the like causes done the same before.

To which the other party presently answered; That for the security of the Imperiall dignitie, and the safety of the Empire there was no question to be made of it, but that it consisted in the concord of the Electorall Colledge with the Emperor. For the pre­seruation whereof all diligence was to be vsed, left vpon any dissention there should arise a diuision in that Colledge, which might now be preuented by a timely filling vp of it. The Prince Palatine hath you say done amisse, But yet if Caesar shall still vse rigor, the Princes of the Lower Saxony are of opinion, that [Page 17] there can be no peace established in the Empire: the good of which being most worthy to be preferred before all other respects, Caesar should doe nobly to suffer himselfe to be entreated, that out of his owne innate magnanimity he would now ouercome him­selfe, and change rigor into clemency, by consenting to haue the Prince Palatine reconciled vnto him, and make the Empire by that means glad with a desired peace: otherwise there was an appearance of greater danger in it, that the end might proue farre worse then the beginning, and new flames were likely to burst forth in those places which God had hitherto preserued from burning. Caesar had now by the aide of the Electors and Princes, recouered his lost Pro­uinces, wanting nothing but the confirmation and quiet possession of them; which this desired recon­ciliation was the best meanes to effect. The fortune of warre is alwayes doubtful, and the victory so long vncertaine, as the aduerse party hath power to re-enforce his Armes. And for the renewing of this warre, there was yet a fayre pretence left; for that in the bestowing of the Electorate, the Prince Palatines Sons, Brother, and Kinsmen had bin neglected. And with these principles are the minds of the Princes of the Lower Saxony possessed already. The King of Great Britaine besides could not but take it ill, that he should now see all his pious endeuours take no good effect, and his only deare Daughter and Grandchil­dren still left in exile. The Kinsmen also and alliance of the Prince Palatine, might eagerly apprehend this neglect of them, to be a great affront, and done in disgrace of them.

And as for the manner of this reconciliation, there might be a particular Treaty and Consultation ap­pointed for it, wherein Caesars prerogatiue Impe­riall being reserued, all parties might neuerthelesse receiue satisfaction, and the Empire once againe flourish with peace.

Furthermore, seeing that the Elector of Saxony had taken that miserable businesse of the alteration of Religion in Bohemia, to concerne the publike cause, whereupon so many grieuances and commo­tions may follow; we instantly desire your Imperiall Maiesty to finde a remedy for these maladies, which else will breed no good blood, but heart-burnings rather and distrusts, in the Electorall Colledge it selfe.

Againe, seeing that as it appeares by the diuers intercessions, petitions, and letters of other Electors and Princes, there had as yet beene nothing done for the relieuing of the sundry grieuances and im­positions of diuers of the free Cities, we thought fit to admonish Caesar of this, that order might be taken for them.

All these Consultaes discussed amongst vs in this Electorall Session, wee haue thought fit to present vnto your Imperiall Maiesty, that out of your owne wisedome you might determine further of them. It is our humble request therefore, that these things be­ing considered vpon, this Dyet may be ended, and the Empire freed out of all perill, may from hence­forth enioy her most desired tranquility.

To which Aduice of the Electors and Princes, the Emperor vpon the 6. of February following ad­ioyned this Replica.

VVEe take it thankfully that you haue taken pains, in consulting vpon our Propositions; and promise to be wanting in no one thing, that may aduance the peace and preseruation of the Em­pire. We haue in the meane time dispatcht our Let­ters vnto the Dukes of Brunswicke and Pomeren, who I hope, will eyther by themselues, or their Ambassa­dors, appeare towards the end of the Dyet. But you haue in the meane time done very wel, that not stay­ing for them, you haue begun your Consultations vpon part of our Propositions. In which Consul­taes and Aduices of yours, though some haue wise­ly heretofore resolued vs, that our proceedings in proscribing the Palatine, was both legall and ne­cessary; yet some there are of you we perceiue to be of opinion, that according to our Capitulation Royall, wee ought not to haue proceeded so farre, without the knowledge and consent of the Electors. But as we haue no wayes gone beyond this our Ca­pitulation, but euen before we set out the Bann, pun­ctually considered of all that was necessary to be ta­ken notice of; so did wee also desire nothing more, then that a Dyet might bee conuok't, for the due treating and aduising vpon this businesse: Which Meeting being hindred by the continuance of the warres still prosecuted by the Palatine, we could do no lesse for the taking downe of his courage, then [Page 20] proceed by publishing the Bann against him, which course of ours, seeing it was neuer entended to bee prosecuted to the preiudice any wayes of the Ele­ctoral Colledge, or against our owne Capitulation, we hope that the Electors will not take otherwise, seeing that we promise withall, so to moderate it, that no detriment or preiudice shall result thereby vnto the dignity Electorall.

As for the translation of the Electorate, and your Aduice for the restoring of the Palatine, there is (I perceiue) some difference in your opinions. One part wisely and in fauour of vs, affirming the great reason we haue to doe it, and that wee can doe no­thing therein, which is not allowable by the Impe­riall Constitutions, the Chamber of the Empire, and the examples of other Emperors in like case. But for the other party, which aduised his restoring, we purpose not so farre to consent vnto it, as to the restoring of him to the Electorall dignity, seeing that in the disposing of it other-where, we are resol­ued that we shall doe no more then wee haue iust reason to doe, as wee haue formerly declared in our Propositions; nor will we deferre the filling vp of the Electorall Colledge any longer, seeing that no man can be ignorant, how much the dispatching of it may concerne the Common-weale. And as for the restoring of the person of the Palatine, if you haue any better reasons to vrge, then you haue yet done, in his behalfe, you shall see both in regard of his Person and his Cause (excepting onely his re­storing to the Electorall dignity) how much our minde is inclined towards clemency, and how farre [Page 21] wee will declare our selues, to gratifie the Kings of Great Britaine and Denmarke, the Elector of Saxony, and other Electors & Princes interceding for him.

Now as concerning our forbidding of the exer­cise of the Lutheran Religion in the City of Prage, we doe not see how it any way concernes this Dyet to enquire of; our Letters haue signified the causes that moued vs to beginne it, vnto the Elector of Sa­xony: nor can wee thinke, that what wee haue done there, any of the neighbour States or Territories need be suspitious of, seeing that we haue sworn oft­ner then once, in the word of an Emperor, that wee will most religiously obserue the peace both of Reli­gion and of ciuill gouernment throughout the Em­pire, nor will we suffer any others any wayes to in­fringe it.

Lastly, as for the grieuances of the Imperiall and Hans-townes, wee very well remember as yet the sincere promises, assurances, and transactions; as also of that we agreed vnto at Treaty of Aschaffen­bug. All which we haue hitherto beene most carefull to obserue most religiously, and so still shall be, vn­lesse we finde cause to the contrary, that so all cause of complaint may finally bee taken away from the Cities. And thus much wee could not but aduertise this Illustrious presence of Electors and Princes, and you the Ambassadors of those that are absent.

To this Replica (or Reply) of the Emperour, the Ele­ctors and Princes returned this following answer, vpon the 21. of February, subioyning withall a Relation vnto his Maiesty.

VVEE haue (gracious Lord and Emperor) consulted amongst vs in our common Councell, vpon your Maiesties Reply, which wee suppose worthy your seeing. But passing ouer in the meane to aduise vpon your three latter Proposi­tions, we found this to be the first and maine point; what (namely) were best to be done, that the whole Empire might with the Emperour enioy a solid peace; vpon which it was the aduice of one party of vs, that seeing the proscribed Mansfield is the man who hath so much infested the Empire, wee of that party aduerse to him, haue thought vpon the way to auert and take him downe; which is, to aduise Caesar to employ his Army Royall against him; by the force of which, and the ayd of the neighbouring Princes and States, required by Caesar, hee may bee driuen out of the bounds of the Empire; and all his souldiers which shall continue obstinate, may by a publike Edict of proscription, and confiscation, bee deterred from Armes; and the neighbours may be forbidden any way to ayd him, and commanded to prosecute him, according to the vttermost of their power. Which course if it bee taken, and all the States of the Empire withall, put in mind of their dutie to Caesar, and of those Constitutions which may concerne either Religion or Peace; we doubt not but that euery man may after that, enioy his owne rest and tranquilitie.

Further, as concerning that contribution to bee imployed vpon the making good of the confines of the Empire against the Turke, we would willingly follow the pious examples of our Ancestors in that kind; and yet know wee not how of our selues to consent vnto it, vntill the matter may more fully be treated vpon, in the next Dyet. But considering withall the miserable waste that hath beene of late made in your Maiesties Prouinces, and that your Treasury hath not for some yeares beene supplied by any contribution raised in the Empire, wee can­not thinke this request of Caesars any way vniust; and much desire that we were able herein to grati­fie Caesar. But seeing withall how apparent it is, what continuall aydes wee haue faithfully lent vnto Caesar, and what charges, far greater then the ordi­nary contributions, with the hazard too of our own Countries, we haue beene at, for the recouery of Caesars dignities; and are now still forced to bee at, for the diuersion of the imminent warres; and that in the end, so particular and small a contribution as wee are able to affoord, could not much aduance that designe; we hope that Caesar will hold vs excu­sed if wee cannot herein affoord him that content which we willingly would. But if this Proposition might be made to all the States of the Empire, wee doubt not but they would be found very willing and ready vnto it.

As concerning your Maiesties third Proposition, of the dangerous resolution of the vnited Prouinces for remouing the field of warre into the Empire, and their late attempts in Westphalia, and their building [Page 30] of the Fort of PapenmutZ in the Rhyne, betwixt Bon and Cullen; we cannot but commend your fatherly care; nor are we ignorant that diuers consultations haue beene had about it, in some former Dyets also; where it was still found that the forces of any one State were not able to hinder the Low Country-men, nor can we now agree vpon the meanes of do­ing it. And as for Papenmutz, your Maiesty is to con­sider of it, as of a piece now taken in by the Arch­duchesse her forces; and if it were not vpon this quite demolished, there would be much danger in it, that it would not onely hinder all commerce by the Rhyne, but also that the Hollanders would some where else raise another to confront it, which would breed great discommodities both to the neighbour States, and to the whole Empire. Our earnest re­quest therefore in this point is, That your Maiesty would intercede with the Archduchesse, for the dis­mantleing and vtter rasing of that Castle.

And this is the effect of what was deliuered, by the Catholike Electors and Princes; what next followes is belonging vnto this Answer to the Imperiall Replica al­so, but made apart by the Saxish and Brandenburghers Ambassadors, and Lodowicke Landtgraue of Darm­stadt, perswading rather to proceed by the way of peace, as here followes.

Our voyces and aduices (gracious Lord and Cae­sar) which we haue giuen before,See before in their aduice to the Emperors Propositions. concerning the proscribing of the Prince Palatine, and the transla­tion of the Electorate, we know to be founded vpon the best examples, and the immoueable Consti­tutions of the Empire, and were meant to no other [Page 23] end, then that concord and confidence being re­established betwixt all the States of the Empire, the warres may be laid downe, peace restored, the whole State being assured to the Emperor in the bond of Peace, all may bee conuerted to the confirming of Caesar, the commodity of the States, and the terror of all the Enemies of the Empire: And we doe hope that Caesar will so interpret vs.

As for those other points contained in the Impe­riall Propositions; as the dangerous hostility vsed by Mansfield, and the attempts of the States of the Low-Countries in Westphalia and other places subiect to the Elector of Cullen, we are much vext and grie­ued, to see such principall members of the Empire so much afflicted; and doe confesse, that vnlesse that wholsome way of Peace be speedily taken, and that flame of war timely quencht by the waters of com­position, there can nothing come of it, but vtter ru­ine and combustion in the Empire. Tis at Caesars choice to take other mens aduices also in this point, and wee doubt not but they will all giue him such counsell as may best conduce to this purpose. But for our owne parts, wee hold the way of peace for the best and safest, as wee shewed in our former ad­uice, which wee earnestly wish might with all the clauses and particulars in it, be formerly called to mind againe, and rightly and timely apprehended; that all iealousies might so be remoued, and peace restored: without which, things will neuer succeed rightly for the safety of the Empire. It cannot be thought but what the P. Palatine hath done might well trouble your Mtie: yet we hope Caesar wil rather [Page 26] respect peace, spare his loyall subiects, take into his pittie the millions of miseries which the warres oc­casion, and out of a magnanimitie, worthy of Caesar, adde this to the rest of his victories, that he will now ouercome himselfe, and suffer his owne inbred cle­mencie, his loue to the publike good, the safetie of the Empire, and the generall quiet of all men; to beare some sway with him, and make by this meanes his owne name immortall to all posterities.

As for that reformation already begunne in Bo­hemia, what danger and despaire did by reason of that, at this present hang ouer that kingdome, his Highnesse, the Elector of Saxony, had often intima­ted vnto Caesar, and admonisht him likewise of the dangers redounding thence vnto the neighbour Countries. Wee therefore here once againe most humbly sue vnto Caesar, that he would please to suf­fer himselfe to bee entreated, and giue way to the the most waighty reasons brought to perswade him, and that he would forbeare that worke of Reforma­tion, set open the Protestants Churches, and per­mit the free exercise of Religion, according to the Augustane Confession; that hee would pardon the subiect, and vniuersally forgiue and forget, prefer mercie before rigour of law, and so most firmely ob­lige the minds of the Subiect, in loue, duty, and deuotion vnto him.

As for the complaints of the free Cities, and o­thers of the Empire, wee thinke it fit, that Caesar might be certified of their particular grieuances, by their seuerall petitions: that so they might with all speed be cased of that burden of maintaining the [Page 27] souldiers, the gouernment of the Cities, fully again restored vnto the Magistrates, all exactions left off, promises and couenants kept, treaties ratified, and all mischiefe auerted; seeing that it so much con­cernes the weale publike to preserue these Cities in the deuotion of Caesar.

What the Electors of Saxony and Brandenburgh thought in the point of the proscription, appeared by their former aduice vpon it. But seeing that in an after Relation of it, these words were added which were not in the former; which were, That the Em­perour might doe it Absolutely and without being pre­scribed the manner. The Electors could not forbeare from opposing themselues against it; for that it no waies agreed with the Capitulation Royall, seeing that those things vnto which Caesar binds himselfe by that Capitulation, are not simply, absolutely, and without being prescribed the manner, in his power: nor can the Electorall dignitie for this reason bee preserued safe & entire vnto the persons. The words of the Capitulation are clear: In all difficult businesses, no processe ought to be made, without the knowledge & cōsent of the Electors; & that without ordinary Processe, no Proscriptiō should go out against any one of the States of the Empire, before the cause were heard. This is the fundamentall Law of the Empire, which requires no more, but to be constantly obserued, nor is it to bee drawne into further dispute or deliberation: but it stood the Electors vpon to bee open eyed to see to the obseruation of it; and it concerned the three secular Electors especially, whose dignitie did by an hereditary right descend vnto their posteritie, to [Page 26] keepe it safe and entire; which they hoped that Cae­sar would not goe about to contradict.

As for that which was aduised by the Catholike Electors and Princes, concerning the rasing of the Fort of Papenmutz, we will say nothing, seeing that we haue not before this had any relation of the ta­king of it: 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 [Page 27] 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 [Page 30] 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 [Page 31] 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. Tis 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: [Page 33] 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 [Page 35] 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 [Page 36] 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 [Page 37] 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 ye 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 [Page 38] 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.

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