THE ACTS OF THE DIET OF REGENSPURGH: Held in the years 1622 and 1623.  
CONTAINING THESE SEVERAL TREATISES.  

1 Six Propositions made by the Emperor.  
2 The Consultaes or Advices of the Princes upon the first three of them.  
3 The Emperors Replica to their Advices.  
4 Their Answer to his Replica, with a Relation also.  
5 Their Answer to the three last Jmperiall Propositions.  
6 The Emperor's final Resolution concerning the whole business.   
LONDON, Printed for Nathaniel Butter.  
1623.   


The propositions of his Imperial Majesty in the Diet of Regenspurg, made in the presence of the two Archbishop Electors of Mentz and Cullen, of the Dukes of Bavaria and Newburgh, and the landgrave of Darmstadt, the Bishops of Wartzburgh, and Salisburgh, as also of the Ambassadors of the absent Electors of Triers, Saxony, and Brandenburg: with diverse others, as here followeth.  
THe Roman Emperor etc. our gracious Lord, doubts not, but that the Electors and Princes here personally assembled, and the Ambassadors of these that are absent, have by the Imperial Summons, dated the 29 of April, the last year, sufficiently understood, how necessary his Majesty judged it, to call this Diet of Regenspurg, and in it to consult with their wisdoms, about the present dangers of the Roman Empire. But how the wars and other difficulties have formerly hindered this meeting, his Imperial Majesty hath by his Letters made apparent to some of the Prince's Electors. And for that the Electors and Princes have upon the foresaid Summons assembled here at this time, his Majesty returns them all most hearty thankes, for their prompt obedience herein shown unto Cesar.  
To come to the purpose for which this present Diet is assembled: his Majesty holds it not necessary to rip up the occasions, which have brought the Empire into this distress; for none here can be ignorant, of the diverse assemblies of the Princes and States of the Empire, made in the reigns of Rodolphus and Mathias our predecessors; all which, and the constitutions of them, have to the great scandal of the Empire, & the hindrance of the ordinary Process of justice in the Imperial Chamber of Spyers, been disobeied and neglected.  
In which calamity of the Empire, diverse turbulent Spirits, sometimes under colour of Religion, and sometimes upon other pretexts, have so fare interposed themselves, that the tumultuous Subjects of other Princes have been taken into Protection & Leagues made with forem States: To make good which, Protestations and Transactions have been 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 year 1618. Of which, the Count Palatine (pretending still, That he would have nothing to do in that business, with the Roman Emperor, but with the Archduke of Austria only) hath shown himself the chief protector; their Seconds also were so strongly drawn in, that his Imperial Majesty's Subjects of Hungary, did after the Bohemian example, elect the Prince of Transyluania to be their King also; which two acts, have been the occasions of the wars even brought home unto us in our own Austria, and in sight of our Imperial City of Vienna.  
Whereupon certain of the Electors and Princes of the Empire, perceiving their Lord in danger of losing his Kingdoms of Bohemia and Hungary, etc. had in March last 1620, in their meeting at Mulhausen in Duringen, resolved the Emperor that he might take any lawful course to recover his Estates (as their joint Letters dated the 20 of that March can still testify) yet nevertheless did his Majesty herein follow their advice also, that he first wrote his Letters severally unto them, exhorting them all to desist from meddling with any thing that was his Majesty's present and due possession.  
But how little these exhortations and threatenings also, every where in the Imperial Proclamations dated April 20, 1620. affixed, have prevailed, you well perceive, for the wars not only after this increased, but the Turk hath also (by the mediation of Bethlem Gabor) been solicited for his aid and assistance.  
Seeing therefore that the Roman Emperor for his own safety could stay no longer, nor do no less; he hath at last by the aid and valour of those Princes who approved of the Constitutions of the Diet of Mulhausen aforesaid, and principally of the Elector of Saxony, the House of Burgundy, and the Duke of Bavaria, not only recovered his own possessions of Bohemia, etc. but for the recompensation also of the great charges of the wars, seized upon the greater part of both the Palatinates.  
For which great achievements, obtained by the aid of the Princes aforesaid, his Imperial Majesty, in his own Name, and in the Name of the whole Illustrious House of Austria, returns them most hearty and condign thankes; with promise, that his Majesty is likewise as ready to requite their loves, even with the expense of his life and fortunes.  
And seeing after these victories, the wars had not (as it was hoped that they would) a final end; his Majesty was enforced to set out the Imperial Ban, against Frederick the Count Palatine, and the rest of his partakers.  
And although the Union of the Protestant Princes, which was at first contrived by those of Heidelberg, was about the same time dissolved, and the Palatine thereby left to himself; whereupon followed the mediation of other Princes for a perfect peace and reconciliation; yet did not he thereupon lay down Arms; but Mansfield still kept the frontiers of Bohemia, and john George the Elder (who writes him marquis of Brandenburg, and who for abetting and aiding the Palatine, was also proscribed with him) ceased not to infest those of Silesia, and to detain some places in Bohemia also; the Palatine in the mean time making into Holland, from thence to return to the wars again with greater earnestness.  
For which reason therefore, hath his Majesty proceeded in this course of seizing upon the Inheritances and Dignities of the Palatine, that so the head of the Faction being disabled, he might reign thenceforth more securely, and get in also his moneys and charges, disbursed upon the wars against him. But to all these courses, did the Palatine aforesaid mainly oppose his whole power, both by himself, and his great Captains Mansfield, Brunswick, and Durlach; by whose Armies diverse Bishoprics, and Countries, about Strasburgh, Spires, and Alsatia, especially were infested; and in the Archbishopric of Mentz, and other places also, in the Circles of Westphalia, the Rhyne, and the Landtgraviate of Darmstadt; wherein they so long proceeded, even until they were finally beaten out, and utterly vanquished.  
But how much his Imperial Majesty hath ever desired to restore sweet peace to his dear country; the Embassies for such a treaty, dispatched unto the meeting of Brussels, and unto the King of England, may sufficiently witness. Which how much the more he urged, by offering a present Cessation of Arms; so much the further off were his enemies from giving over; but giving out, rather, that it was to no purpose now, to talk of a Submission, seeing they were in hand to gather up a brave Army.  
To put an end therefore to these troubles, his Majesty hath once again (as a sovereign remedy for all) convokt this Diet, twice before put off. And seeing that he could not imagine, that there was any man in the Empire so unjust, who had the boldness to mediate the restitution of the proscribed Palatine, into the Electoral College (who could not but remember the losses he had received by those that had taken part against him) he could do no less then to dispose of the Electorate, now pleno jure devolved unto him as Emperor; That so he might both be discharged of his word, and also fill up the number of the Electors again; all which he had already (excepting only the Inuestiture, which he purposed to finish also at this Diet) bestowed upon the Duke of Bavaria, in reward of his great good services, and many victories, performed and obtained with the expense of his treasure, and the hazard of his blood, for him (the Emperor) against his own Nephew, the sometimes Elector Palatine, in Bohemia, and by the Rivers of Rhyne, Neckar, and maine. And for that his Highness (he knew) being a Prince of singular wisdom, would be still studious of the good of the Empire; And so much the Electors and Princes of both Religions might persuade themselves of him, that he would labour by all means to maintain the Edicts, made for the free exercise of Religion.  
Wherefore his Imperial Majesty most graciously requests of this Illustrious presence of Electors and Princes, as those that are of his Majesty's Privy Council; that they would please freely to give their opinions, namely, how the Empire (which is the main of the business) may hereafter be best governed, and new commotions prevented or repressed, and the most wished-for peace universally restored.  
Secondly, it shall appear unto this Illustrious presence of Electors and Princes, what hath been done in the Kingdom of Hungary with the Prince of Transyluania; and how hearty his Imperial Majesty hath ever endeavoured, that by hastening on a Peace, those places, which by reason of the ill neighbourhood of the Turk, seemed most exposed to danger, Might be kept safe from the fear of an Invasion: those often Embassies of his scent to Presburg, and the long treaty had with the French Ambassadors in his own Court of Vienna, about that only business, can sufficiently witness. But at length all controversies depending between his Imperial Majesty: and Bethlem Gabor being reduced to some terms of a fair composition; and by the treaty held at Niclasburgh first, and by the Diet of the States of Hungary (which continued from May till August afterwards) a final peace being concluded; the Roman Empire was both delivered from the present danger, and re-estated in her former tranquillity. It cannot be unknown unto this Illustrious Presence of Electors and Princes, how their never enough commended Ancestors, have been still most careful, both in times of war and peace, to keep the bulwarks and castles which are in the Frontiers of the Christian world, in good repair, well manned, fortified and provided: which for his Majesty alone to do, after his great expenses, and spoiling of his countries is most impossible. Nor is any here ignorant, that the last Emperors his Majesty's Predecessors, have not since the year 1603. received any such Subsidies, as might defray such a charge. All which points this Illustrious presence of Electors and Princes shall do well to consider of, and give their advices thereupon; and in the mean time, until there may be a general Parliament of the whole Empire called, to grant his Majesty so sufficient a Subsidy, that the Fortresses aforesaid (which it concerns the Empire so much to keep up) 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, have resumed Arms against the House of Burgundy, their natural Lords, which they prosecute to the utmost of their power; favouring also and entertaining the open enemies of his Imperial Majesty; and devising by all means, how to lay hold upon any occasion of removing the field of war, out of their own country into the heart of the Empire; having already there made themselves Masters of some places. Which proceed of the said States, this also hath much advanced; that they have brought the greater part of the States of the lower Westphalia Circle, within contribution; and that they have not long since, near the city of Bonu above Cullen, raised the most strong Fort of Papenmutz; by which they can now command all that Reach of the River of Rhyne; in so much that the neighbouring Electors and States of the Empire (whom it most nearly concerned) have been enforced to petition his Imperial Majesty for relief in these difficulties. Wherefore, that this so imminent a danger, whereunto from this Fort, the Electors of the Rhyne Circle, and that ancient city especially, (which it so much concerns the Empire to make good) lie so open, may be prevented; his Imperial Majesty requires this whole Illustrious Presence of Electors, Princes and Ambassadors, to give their advices.  
Fourthly, it is unknown to none here, with what earnestness the grievances of the Cities and States of either party, have for these many years, and in the year 1620. especially, in the last assemblies, been urged; and what meetings also and Ambassies, have for these quarrels purposely been spent; and what writings also, and juridical advices followed thereupon. Wherefore his Imperial Majesty most earnestly requires of all the Electors and Princes, to deliver their Advices in this cause, how fare (namely) the Emperor may proceed to determine them, without prejudice of his Imperial Authority, or infringing of the jurisdiction and sacred Imperial Constitutions.  
Fiftly, seeing his Imperial Majesty hath understood, that by reason of the daily Reviewes interposed in the Imperial Chamber of Spyers, the course of justice hath been quite hindered; he also desires the Advices of the Electors and Princes, how this evil may henceforth at the next assembly be remedied, and justice fully restored.  
Sixtly, seeing every man daily feels to his cost, the great mischief which hath happened in the Empire by the minting of bad monies, whereupon hath followed the raise of commodities to an over dear rate: His Imperial Majesty desires this Illustrious Presence of Electors and Princes, to deliver their Advices, how this mischief may for a while be remedied, until a general Parliament may opportunely be called.  
And even as his Imperial Majesty persuades himself, that he hath in these propositions, touched the main of the business, which is to be consulted upon in this following Diet. So also, if upon the Electors and Princes informations, any thing else shall be thought fit to be enquired of, his Majesty desires to discuss that also with them; that so, sweet peace, love, and amity may be restored, and reestablished amongst the Electors, Princes, and States of the Sacred Empire.  
Finally, his Imperial Majesty assures this Illustrious Presence of Electors and Princes, and the Ambassadors of those that are absent, of his Royal Grace and favour.  
Dated at Regenspurgh, the Imperial Seat appending, january 7. 1623.   

To three of which Propositions of the Emperors, the Electors, Princes, and Ambassadors, thirteen days after, that is, upon the twentieth of january, upon mature consultation, gave in their several Advices, as here next followeth.  
Our duty it is (most gracious Lord and Caesar) to give your Majesty most hearty thankes for that frank profession of your fatherly care of the good and quiet of the Empire; humbly desiring your Imperial Majesty, (in these troublesome times especially) to persevere in that gracious resolution.  
We have well understood by the late Propositions, the reasons alleged by your Majesty, for justification of your proceed in proscribing the Prince Palatine, and depriving him of his Electoral dignity, with your intention also to confer it upon his Highness, the Duke of Bavaria: and that upon this business, and upon the means withal to restore a general and a firm peace, how earnestly your Majesty hath desired us to deliver up our free Advices, both which we are here at this present (under your Majesty's gracious correction) ready to do. After which, part of them spoke as followeth.  
Considering the weight and importance of such a business, we thought it fit to defer this deliberation, until the coming of the Dukes of Brunswick and Pomeren unto the Diet: yet considering it might happen to prove but loss of time, to expect those of whose coming we are not certain: we now desiring his Majesty once again to solicit the coming of the Duke's aforesaid, have in the mean time thought upon what we should now deliver up.  
Although your Imperial Majesty may sufficiently seem to have had cause enough to have published the Ban against the Prince Palatine; yet are we of the opinion, that in this particular cause, which so nearly concerned the disposing of an Electorate of the Empire, and so principal a person too, of the Electoral College; the sudden doing of which might occasion such great and tedious wars, and dangerous ruins in the Roman Empire: that Caesar should not of himself have proceeded so rigorously, nor without the advice and consent of all the rest of the Electors, according as it is agreed upon, in the Capitulation Royal, which is holden for a fundamental law of the Empire. Which course of Caesar's, even for the manner of proceeding in it, was exceedingly distasted by diverse, seeing that the most doubted not to profess, how that the Prince Palatine having never been sufficiently and publicly summoned, but uncited and unheard, without all knowledge of his cause, and contrary to all ordinary course and precedents of Law, had been condemned, and against all equity oppressed by the publication of that Imperial Ban. We purpose not to call the power Imperial into question, yet can we but remember your Majesty of that promise made in your Capitulation unto the Electors, and humbly we admonish Caesar to stand unto his own 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 gratify Caesar, with our suffrages, but perceiving so many and so great difficulties in it, we cannot but admonish your Majesty of the danger of it. This being the opinion of our Electors, that seeing your Majesty hath graciously called this Diet for the restoring of peace in the Empire; that it were altogether necessary, first of all to remove the obstacles of peace. And seeing that all the stirs began in Bohemia, Caesar should do well to labour first of all for the quietting of that Kingdom, and command a stay to be made of the severe Reformation and frequent Executions there; that so the hearts of the Subjects being overcome with grace and mercy, might be sweetly reconciled, and all fear and distrust (from which, little good will comes from the people toward their Governor) might be utterly taken away: which thing unless it be timely undertaken, we see no hope either how your Majesty can sit sure upon the Imperial Throne, or how the Electors and Princes can be freed of their fears; there being most evident danger, that the Bohemians and others being made desperate by the extremity of their sufferings, will take hold upon any occasion to begin new troubles, and to involve the Emperor and the Empire, with new dangers. All the Lutheran States of the Empire likewise, which follow the Augustine Confession, have their eyes upon this Bohemian Reformation, which though it were given out to be for a private justice, yet is it so linked with the public cause; that unless it be speedily ended, and the two Churches at prague (granted by Rodolphus the second, not in favour of some private men alone, but of Christian Elector of Saxony, and which had continued free until the 24. of October the last year) were again opened, and the free exercise of Religion generally permitted; we see no sure peace likely to be in the Empire, but utter ruin rather, and final desolation may every day be feared: Seeing that it was most apparently known, how that it was not those that professed the Reformed Religion, who begun these troubles; but the Noblemen and great Officers, whose designs the other were compelled to obey. There should therefore be observed an equality in punishments, but much better it were to resolve upon a general pardon, and a forgetting of former trespasses throughout the Kingdom of Bohemia.  
And as for the Prince Palatine, likewise seeing he was already sufficiently punished, it were far more commendable in your Majesty, that now at last upon his submission, you would be pleased to restore him to his lands and dignities; considering, that if process be executed according to the extreme rigour of Law, it could never possibly be, that so long as he lived and had any pretence at all, that ever there should be any peace, but perpetual acts of hostily rather, in the Roman Empire.  
Touching the point likewise of the transferring of the Electorate, this one main thing were fit to be considered of, viZ. whither, the Prince Palatine being in his own person utterly excluded, that his children, who by the providence of their Ancestors, had before this Act of their Father Ius adquisitum, an hereditary right unto the Electorate, or that the Brother of the Prince Palatine, who hath no way offended your Majesty, nor by reason of his minority could not; or other of the kindred of the Prince Palatine, should be, or aught to be in this case neglected: which proceeding would be but hardly taken of other Electors and Princes, and occasion various distrusts between the head and the members. The Princes moreover allied unto the Prince Palatine, who had upon confidence of Caesar's clemency been quiet hitherto, now perceiving all hope of the restoring of that dignity unto their Family utterly taken away; must needs have recourse unto Arms, and endeavour the recovery of it, by main force. Again, if Caesar should die, this controversy being not compounded, it might well be feared, that many inconveniences would fall out, contrary to Caesar's desire. Caesar now indeed upon the advantage of his victories had the Law in his own hand, but if fortune should turn, he were not sure to bring it to such a pass as he desired.  
Upon which Considerations, we hold it more wisdom, to advice 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 been done. Considering withal, that the Prince Palatine was as then but young, and had been abused by ill counsel, and was no ways the author of those stirs in Bohemia, all being in an uproar before his coming amongst them. And that other offenders had likewise obtained Caesar's grace and pardon: which if it would please his Majesty to grant unto the Prince Palatine, he should eternally oblige the whole Electoral College, and all the Kings and Princes any way of kin or allied unto him, and the Prince himself and all his posterity, so oft as they remembered this their exile, would be advised how they again embroiled themselves in such businesses. Whereas otherwise if he saw the door of mercy quite shut, and nothing left him but his life, it might be feared, lest he should for his last refuge, apply himself unto some such courses, as would occasion fare greater troubles in the Roman Empirie, Caesar therefore should do fare righter, if for his own honour, and the good of the Empire, he would prefer mercy before severity, and not pursue these extremities.  
To all this did the Catholic Princes answer: Caesar hath shown causes enough which he had to deprive the Palatine. And was himself resolved, that the Palatinate was now dissolved unto him, which he might dispose of without having regard unto the Palatines children or kinsmen, according to his own pleasure. His Majesty could not well hold any terms of amity with him, although he were restored: and this impunity would give occasion unto others to offend. As for matter of punishment, there should be no difference between the Emperor and the Palatine, seeing that his Majesty's Lands and Dominions were no less wasted than 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, having no necessity to do it. He had refused mercy, not acknowledged his fault, nor sought for any favour. It is an unequal request for Caesar to accept of any Reconciliation, seeing that his General Mansfield hath not yet laid down Arms, by which his Master shows, that he had rather prosecute his cause by way of Arms, then to desire mercy. The safety of the Empire consists in the filling up of the Electoral College, for which cause Caesar had done very well in a speedy resolving upon it, seeing that other Emperors had in the like causes done the same before.  
To which the other party presently answered; That for the security of the Imperial dignity, and the safety of the Empire there was no question to be made of it, but that it consisted in the concord of the Electoral College with the Emperor. For the preservation whereof all diligence was to be used, left upon any dissension there should arise a division in that College, which might now be prevented by a timely filling up of it. The Prince Palatine hath you say done amiss, But yet if Caesar shall still use rigour, the Princes of the Lower Saxony are of opinion, that 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 do nobly to suffer himself to be entreated, that out of his own innate magnanimity he would now overcome himself, and change rigour into clemency, by consenting to have the Prince Palatine reconciled unto 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 prove fare worse than the beginning, and new flames were likely to burst forth in those places which God had hitherto preserved from burning. Caesar had now by the aid of the Electors and Princes, recovered his lost Provinces, wanting nothing but the confirmation and quiet possession of them; which this desired reconciliation was the best means to effect. The fortune of war is always doubtful, and the victory so long uncertain, as the adverse party hath power to reinforce his Arms. And for the renewing of this war, there was yet a fair pretence left; for that in the bestowing of the Electorate, the Prince Palatines Sons, Brother, and Kinsmen had been neglected. And with these principles are the minds of the Princes of the Lower Saxony possessed already. The King of Great Britain beside could not but take it ill, that he should now see all his pious endeavours take no good effect, and his only dear Daughter and Grandchilds 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 Caesar's prerogative Imperial being reserved, all parties might nevertheless receive satisfaction, and the Empire once again flourish with peace.  
Furthermore, seeing that the Elector of Saxony had taken that miserable business of the alteration of Religion in Bohemia, to concern the public cause, whereupon so many grievances and commotions may follow; we instantly desire your Imperial Majesty to find a remedy for these maladies, which else will breed no good blood, but heart-burnings rather and distrusts, in the Electoral College itself.  
Again, seeing that as it appears by the diverse intercessions, petitions, and letters of other Electors and Princes, there had as yet been nothing done for the relieving of the sundry grievances and impositions of diverse of the free Cities, we thought fit to admonish Caesar of this, that order might be taken for them.  
All these Consultaes discussed amongst us in this Electoral Session, we have thought fit to present unto your Imperial Majesty, that out of your own wisdom you might determine further of them. It is our humble request therefore, that these things being considered upon, this Diet may be ended, and the Empire freed out of all peril, may from henceforth enjoy her most desired tranquillity.   

To which Advice of the Electors and Princes, the Emperor upon the 6. of February following adjoined this Replica.  
We take it thankfully that you have taken pains, in consulting upon our Propositions; and promise to be wanting in no one thing, that may advance the peace and preservation of the Empire. We have in the mean time dispatched our Letters unto the Dukes of Brunswick and Pomeren, who I hope, will either by themselves, or their Ambassadors, appear towards the end of the Diet. But you have in the mean time done very well, that not staying for them, you have begun your Consultations upon part of our Propositions. In which Consultaes and Advices of yours, though some have wisely heretofore resolved us, that our proceed in proscribing the Palatine, was both legal and necessary; yet some there are of you we perceive to be of opinion, that according to our Capitulation Royal, we ought not to have proceeded so fare, without the knowledge and consent of the Electors. But as we have no ways gone beyond this our Capitulation, but even before we set out the Bann, punctually considered of all that was necessary to be taken notice of; so did we also desire nothing more, then that a Diet might be conuoked, for the due treating and advising upon this business: Which Meeting being hindered by the continuance of the wars still prosecuted by the Palatine, we could do no less for the taking down of his courage, then proceed by publishing the Bann against him, which course of ours, seeing it was never intended to be prosecuted to the prejudice any ways of the Electoral College, or against our own Capitulation, we hope that the Electors will not take otherwise, seeing that we promise withal, so to moderate it, that no detriment or prejudice shall result thereby unto the dignity Electoral.  
As for the translation of the Electorate, and your Advice for the restoring of the Palatine, there is (I perceive) some difference in your opinions. One part wisely and in favour of us, affirming the great reason we have to do it, and that we can do nothing therein, which is not allowable by the Imperial Constitutions, the Chamber of the Empire, and the examples of other Emperors in like case. But for the other party, which advised his restoring, we purpose not so fare to consent unto it, as to the restoring of him to the Electoral dignity, seeing that in the disposing of it otherwhere, we are resolved that we shall do no more than we have just reason to do, as we have formerly declared in our Propositions; nor will we defer the filling up of the Electoral College any longer, seeing that no man can be ignorant, how much the dispatching of it may concern the Commonweal. And as for the restoring of the person of the Palatine, if you have any better reasons to urge, than you have yet done, in his behalf, you shall see both in regard of his Person and his Cause (excepting only his restoring to the Electoral dignity) how much our mind is inclined towards clemency, and how fare we will declare ourselves, to gratify the Kings of Great Britain and Denmark, 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 prague, we do not see how it any way concerns this Diet to inquire of; our Letters have signified the causes that moved us to begin it, unto the Elector of Saxony: nor can we think, that what we have done there, any of the neighbour States or Territories need be suspicious of, seeing that we have sworn oftener than once, in the word of an Emperor, that we will most religiously observe the peace both of Religion and of civil government throughout the Empire, nor will we suffer any others any ways to infringe it.  
Lastly, as for the grievances of the Imperial and Hans-townes, we very well remember as yet the sincere promises, assurances, and transactions; as also of that we agreed unto at Treaty of Aschaffenbug. All which we have hitherto been most careful to observe most religiously, and so still shall be, unless we find cause to the contrary, that so all cause of complaint may finally be taken away from the Cities. And thus much we could not but advertise this Illustrious presence of Electors and Princes, and you the Ambassadors of those that are absent.   

To this Replica (or Reply) of the Emperor, the Electors and Princes returned this following answer, upon the 21. of February, subjoining withal a Relation unto his Majesty.  
WE have (gracious Lord and Emperor) consulted amongst us in our common Council, upon your Majesty's Reply, which we suppose worthy your seeing. But passing over in the mean to advice upon your three latter Propositions, we found this to be the first and main point; what (namely) were best to be done, that the whole Empire might with the Emperor enjoy a solid peace; upon which it was the advice of one party of us, that seeing the proscribed Mansfield is the man who hath so much infested the Empire, we of that party adverse to him, have thought upon the way to avert and take him down; which is, to advice Caesar to employ his Army Royal against him; by the force of which, and the aid of the neighbouring Princes and States, required by Caesar, he may be driven out of the bounds of the Empire; and all his soldiers which shall continue obstinate, may by a public Edict of proscription, and confiscation, be deterred from Arms; and the neighbours may be forbidden any way to aid him, and commanded to prosecute him, according to the uttermost of their power. Which course if it be taken, and all the States of the Empire withal, put in mind of their duty to Caesar, and of those Constitutions which may concern either Religion or Peace; we doubt not but that every man may after that, enjoy his own rest and tranquillity.  
Further, as concerning that contribution to be employed upon the making good of the confines of the Empire against the Turk, we would willingly follow the pious examples of our Ancestors in that kind; and yet know we not how of ourselves to consent unto it, until the matter may more fully be treated upon, in the next Diet. But considering withal the miserable waste that hath been of late made in your Majesty's Provinces, and that your Treasury hath not for some years been supplied by any contribution raised in the Empire, we cannot think this request of Caesar's any way unjust; and much desire that we were able herein to gratify Caesar. But seeing withal how apparent it is, what continual aids we have faithfully lent unto Caesar, and what charges, far greater than the ordinary contributions, with the hazard too of our own Countries, we have been at, for the recovery of Caesar's dignities; and are now still forced to be at, for the diversion of the imminent wars; and that in the end, so particular and small a contribution as we are able to afford, could not much advance that design; we hope that Caesar will hold us excused if we cannot herein afford him that content which we willingly would. But if this Proposition might be made to all the States of the Empire, we doubt not but they would be found very willing and ready unto it.  
As concerning your Majesty's third Proposition, of the dangerous resolution of the united Provinces for removing the field of war into the Empire, and their late attempts in Westphalia, and their building of the Fort of PapenmutZ in the Rhyne, betwixt Bon and Cullen; we cannot but commend your fatherly care; nor are we ignorant that diverse consultations have been had about it, in some former Diets also; where it was still found that the forces of any one State were not able to hinder the Low Countrymen, nor can we now agree upon the means of doing it. And as for Papenmutz, your Majesty is to consider of it, as of a piece now taken in by the Archduchesse her forces; and if it were not upon this quite demolished, there would be much danger in it, that it would not only 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 Majesty would intercede with the Archduchesse, for the dismantleing and utter rasing of that Castle.  
And this is the effect of what was delivered, by the Catholic Electors and Princes; what next follows is belonging unto this Answer to the Imperial Replica also, but made apart by the Saxish and Brandenburghers Ambassadors, and Lodowicke landgrave of Darmstadt, persuading rather to proceed by the way of peace, as here follows.  
Our voices and advices (gracious Lord and Caesar) which we have given before, 
See before in their advice to the Emperor's Propositions.  concerning the proscribing of the Prince Palatine, and the translation of the Electorate, we know to be founded upon the best examples, and the immoveable Constitutions of the Empire, and were meant to no other end, than that concord and confidence being reestablished betwixt all the States of the Empire, the wars may be laid down, peace restored, the whole State being assured to the Emperor in the bond of Peace, all may be converted to the confirming of Caesar, the commodity of the States, and the terror of all the Enemies of the Empire: And we do hope that Caesar will so interpret us.  
As for those other points contained in the Imperial Propositions; as the dangerous hostility used by Mansfield, and the attempts of the States of the Low-Countries in Westphalia and other places subject to the Elector of Cullen, we are much vexed and grieved, to see such principal members of the Empire so much afflicted; and do confess, that unless that wholesome way of Peace be speedily taken, and that flame of war timely quenched by the waters of composition, there can nothing come of it, but utter ruin and combustion in the Empire. 'tis at Caesar's choice to take other men's advices also in this point, and we doubt not but they will all give him such counsel as may best conduce to this purpose. But for our own parts, we hold the way of peace for the best and safest, as we shown in our former advice, which we earnestly wish might with all the clauses and particulars in it, be formerly called to mind again, and rightly and timely apprehended; that all jealousies might so be removed, and peace restored: without which, things will never 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 will rather respect peace, spare his loyal subjects, take into his pity the millions of miseries which the wars occasion, and out of a magnanimity, worthy of Caesar, add this to the rest of his victories, that he will now overcome himself, and suffer his own inbred clemency, his love to the public good, the safety of the Empire, and the general quiet of all men; to bear some sway with him, and make by this means his own name immortal to all posterities.  
As for that reformation already begun in Bohemia, what danger and despair did by reason of that, at this present hang over that kingdom, his Highness, the Elector of Saxony, had often intimated unto Caesar, and admonished him likewise of the dangers redounding thence unto the neighbour Countries. We therefore here once again most humbly sue unto Caesar, that he would please to suffer himself to be entreated, and give way to the the most weighty reasons brought to persuade him, and that he would forbear that work of Reformation, set open the Protestants Churches, and permit the free exercise of Religion, according to the Augustane Confession; that he would pardon the subject, and universally forgive and forget, prefer mercy before rigour of law, and so most firmly oblige the minds of the Subject, in love, duty, and devotion unto him.  
As for the complaints of the free Cities, and others of the Empire, we think it fit, that Caesar might be certified of their particular grievances, by their several petitions: that so they might with all speed be cased of that burden of maintaining the soldiers, the government of the Cities, fully again restored unto the Magistrates, all exactions left off, promises and covenants kept, treaties ratified, and all mischief averted; seeing that it so much concerns the weal public to preserve these Cities in the devotion of Caesar.  
What the Electors of Saxony and Brandenburg thought in the point of the proscription, appeared by their former advice upon it. But seeing that in an after Relation of it, these words were added which were not in the former; which were, That the Emperor might do it Absolutely and without being prescribed the manner. The Electors could not forbear from opposing themselves against it; for that it no ways agreed with the Capitulation Royal, seeing that those things unto which Caesar binds himself by that Capitulation, are not simply, absolutely, and without being prescribed the manner, in his power: nor can the Electoral dignity for this reason be preserved safe & entire unto the persons. The words of the Capitulation are clear: In all difficult businesses, no process ought to be made, without the knowledge & consent of the Electors; & that without ordinary Process, no Proscription should go out against any one of the States of the Empire, before the cause were heard. This is the fundamental Law of the Empire, which requires no more, but to be constantly observed, nor is it to be drawn into further dispute or deliberation: but it stood the Electors upon to be open eyed to see to the observation of it; and it concerned the three secular Electors especially, whose dignity did by an hereditary right descend unto their posterity, to keep it safe and entire; which they hoped that Caesar would not go about to contradict.  
As for that which was advised by the Catholic Electors and Princes, concerning the rasing of the Fort of Papenmutz, we will say nothing, seeing that we have not before this had any relation of the taking of it: only we desire the Catholic Electors and Princes to persuade themselves, that we no way envy 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 be referred to the future Diet.   

To this Answer they all subjoined a Relation, wherein you have the minds of the Catholic Princes jointly together, and that of the Electors of Saxony, and Brandenburg, & the landgrave of Darmstadt, each severally by themselves. The Catholic Princes begin: in which they come nearer to the terms of peaceable proceed.  
IT seemed most necessary unto us (most gracious Lord and Caesar) in our consultations upon your Imperial Replica, to exhibit the sum of all unto your Majesty, as followeth: We have taken it into our consideration, That if both parties in this Diet shall still persist in advising contrary causes, and no middle terms be found out, upon which we may both agree and conjoin our voices, there may be much danger in it, that this so long expected Diet, must break up at last without any good end, which will be for ever unexcusable, seeing that so many eyes both within and without the Empire, are cast upon it, looking after this, to see either the sure confirmation, or the utter ruin of the Empire: we have thought it fittest to admonish Caesar to continue constant unto that purpose of his concerning the receiving of the Prince Palatine into grace, (excepting only the restoring of him to his Electoral Dignity) which resolution hath been created in your Majesty, by the earnest intercessions and entreaties of so many Princes. (Provided, that his due submission and declaration of his obedience be first manifested) that so there may be left some hope unto 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 Grandchilds, and that there have been some motions made of the pretences of the near kindred of the Prince aforesaid, in our former consultations: We most humbly beseech Caesar to consent unto the reconciliation of the King of England's Grandchilds; and that time and place may be set to the Prince's kinsmen, to pursue their several pretences, either by the way of a friendly compromise, or by course of law.  
And if your Majesty be still resolute to transfer his Electorate upon the Duke of Bavaria, and be firmly of the mind, that this proceeding shall neither be contrary unto the golden Bull, nor to your own Capitulation Royal; yet that you would be entreated so to moderate the business, that it may no ways appear prejudicial unto the Grandchilds of the King of England, and unto the Prince Palatines other Kinsmen.  
And seeing that the many virtues, and heroical mind of the Duke of Bavaria, and his care for the advancement of justice, and of the peace of the Empire are sufficiently known: we hope his Highness will not take it ill, to be timely admonished of the whole business, and of the dependencies of it.  
After this, the Ambassadors of the Elector of Saxony spoke as followeth: How well affected our Lord and Master is to peace, appears by the reasons laid down in our former Advice; which reasons being so grounded upon the Constitutions of the Empire, they Laws, Customs, and best Examples, that they deserve not to be neglected; which if they might once take place, we do not doubt but they would prove very beneficial. For ourselves we are tied to our instructions: so that it cannot be accounted our faults if we go no further than we have said before. For this is the constant opinion of our Elector, That the means 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 Brandenburg spoke next: Our former Advice expresses sufficiently, what way our Lord and Master holds best for the restoring of Peace. And seeing we have received no further Command, to approve of any other course, we can now say no otherwise than what we have done in our Advice; which was, still to urge the restoring of the Prince Elector Palatine, and to affirm, that the translation of the Electorate, is no means of peace. And seeing that for want of any further Command, we cannot consent to no other Course; We hold, that the means proposed by our Elector (all being well as yet) is the best course both to assure, the honour and obedience due unto Caesar, and to recover the general peace of the Empire.  
Last of all, spoke the landgrave of Darmstadt. Seeing that the Translation of the Electorate pertains to the whole College of the Electors to dispose of, I therefore think it fittest to refer it thither. And seeing that the general quiet of the Empire is disturbed by that Bohemian Reformation; it is my opinion, that all the Electors and Princes would most humbly persuade with Caesar, to remedy that, after which I dare assure myself, that all the rest of our Designs, will succeed the better.  
And these were the things, which the Electors and Princes had then resolved to exhibit unto Caesar. To whom, etc.  
The next day being the 22. of February; they thus gave in their Answer to the three last Imperial Propositions.  
We cannot omit (most gracious Lord and Caesar) to give up our Advice also, upon those heads of your Majesty's Propositions, which concern the remedying of the grievances so oft complained upon, the Restitution of justice, and the calling in of the Coins of base allay, unto the Standard. All which, that they may be now remedied, after so many meetings, and consultations upon them, which have still been disturbed and broken off, by these troubles; is our earnest Prayer.  
As for the grievances of the Cities, seeing they concern so many several States, without whose particular information and advise, they can neither be sufficiently known, nor remedied; We think it fit, that all their Counsels were asked upon it.  
As for the course of justice, now utterly oppressed almost in the Imperial Chamber of Spyers, which having been the fountain of so many mischiefs, and confusions, now so rife in the Empire, & which (unless justice be timely relieved) will no doubt breed more. It is our duties to assist our Emperor in such a difficulty, which so nearly concerns his Crown and dignity, with our best counsels and helps, for the reviving of justice, which lies now a dying. 'tis well known whence this corruption of justice began, and that it lies not in the power of a few, to remedy it. For which cause we hold it convenient to refer this over to a general Dyett.  
And yet is it nevertheless, the opinion of some of us, that this will both much advance the Peace, and ease the Cities, and the town of Spyers especially (which is the port of justice, to which every man puts in) now so overcharged with Garrison: if that Caesar would timely take it into his care, to make a fit supply of the void places of the judges there, which have used still to be fetched out of the Westphalian-Circle.  
And as for the embasing of the monies and how every man seeking for his private Commodity, takes advantage upon it, and of the irrecoverable damage from thence redounding unto the Empire, it were but superfluous to rip up, considering how evidently, the increase of these mischiefs was to be seen: for which enormities if a speedy course were not taken, farewell then the glory and wealth of the Roman Empire.  
And although some Prince's Ambassadors there, were firmly of the mind, that this also belonged unto a general Diet; yet notwithstanding, seeing that certain States of the Empire had advisedly considered upon it; and had already done some good that way in the Empire; namely, by an Edict published Anno 1595. whereby the gold and silver Coins of greater value, were reduced unto their just worth; and the smaller and base, quite called in: there is no doubt, but if other Cities, and those especially which have yearly Marts, and great Trading, were envited unto this course; and that Caesar also would take the like order in his own Dominions; that this evil would be well enough provided for.  
Another part of us also think it fit to refer thus much unto Caesar's own wisdom and liberty, that besides the calling down, and calling in of the bad monies, and the new Coining of others, which should be according to the constitutions of the Empire; that a Rate may also be set upon all Commodities and Sales, proportionable unto the value of the Monies. For seeing that this great abuse was first brought in by a few, which proved general by degrees; so there is no doubt, but that if this Reduction were to be generally obeyed, others would be wary of losing by bad moneys; which would make the means for the remedying of these abuses, the more facile and apparent, against the next general Dyett. All which we submit, etc.   

To this Answer and Relation, his Imperial Majesty the next day being the 23. of February, gave his final Resolution, as here followeth.  
OUR most gracious Lord the Roman Emperor, etc. hath received the Answers of the Electors, Princes, and Ambassadors unto his Imperial Replica, with an humble relation beside; whereby he well understands their desires for the restoring of the Palatine; Now his Imperial Majesty could have wished, that the said banished Palatine, after so many admonitions, had by his submission made himself capable, of his Imperial favour: Wherefore his Majesty hath also taken in good part the former letters of the Electors of Saxony and Brandenburg, written in favour of him. But considering on the other side, the manifold trespasses of the Palatine aforesaid, his Majesty imagines that he cannot be thought any way to be blamed, if he executes justice, to the terror and example of others.  
Nevertheless, that it may appear, how fare his Imperial Majesty (as a Lord that means well) is willing to condescend unto the earnest Intercession of the Princes of the Empire, and yield unto the so much desired mercy; and how well he is inclined to consider deliberately, of those difficulties and dangers, which have with a good meaning been forecast by them. His Majesty hereupon declareth himself to be well enough content (so far forth as concerneth his suffering of the Palatine to be reconciled unto him) for the sakes of those Kings, Electors, and Princes, who have interceded for him; and to give demonstration therewithal, of his Majesty's own good and peaceable disposition: namely, that his Majesty is content upon the due submission, deprecation, and present demonstration of his due obedience, Faith, and Allegiance, and his desisting withal, from any warlike preparations, to grant him the Reconciliation, as the case shall require: Excepting only his admission unto the Electoral dignity. Trusting, that those who have interceded for the Palatine, will also persuade him, that not neglecting his Royal grace and mercy, he do not again deprive himself of the benefit of it, by deferring his submission; but that he embrace it with due thankfulness, and demean himself accordingly.  
And for as much as concerneth the Palatines children, and their future issue, as also his next kinsmen, and their pretended right unto the Electorate and Inheritance: The Electors and Princes have well understood the reasons which moved his Majesty to deprive them, by the Imperial Bann, which cannot now be altered. But as it never was his Majesty's intention, to do any thing in prejudice of the Electoral preeminency, the Imperial capitulation, the golden Bull, or any other of the Constitutions of the Empire: So likewise will not his Majesty cut off or debar any man from his right. But seeing that there be divers pretenders, who lay claim unto it: as amongst the rest, the Palatines children, brother, and others of his kinsmen; they shall all remain still unpreiudiced in their pretensions. For, (seeing that the afore mentioned Pretenders have not hither to given in their names, nor appeared in it) this controversy cannot be determined, so suddenly as they would desire it should. And seeing that so many chances may unexpectedly fall out, his Majesty cannot, nor will not, bear the Electors place void and unprovided any longer, (and is once for all much less resolved to restore it, now or at any other time, unto the person of proscribed Palatine:) but will presently invest the Illustrious Prince the Duke of Bavaria, with the Electoral dignity, in reward of his many good services done unto Caesar: as hath been sufficiently shown in the Imperial propositions.  
Nevertheless, to show withal a singular favour unto the King of England, and to diverse other Potentates, Electors, Princes and States, as likewise to those principally that are here present, who have all interceded for the Palatine; his Majesty is pleased to show thus much mercy to the children of the Palatine and their future issue, and next kinsmen in their several pretensions, as well to the Electorate, as to the inheritance of the Palatine; that there shall be a meeting apppointed at some convenient place, as namely, at Norimberg, Frankford, Ausbugh, or ulme; where in love and friendship the business shall be treated upon, & there decided in the name of his Imperial Majesty. And in case that they cannot end it in love, they shall have liberty to enter a suit of Law, by the Assistance of the Electoral College, (whose preeminency his Imperial Majesty will always respect and regard:) which suit, his Majesty shall further, advance, and set forward, as much as possibly in him lies; even in such manner, as the said interressed Pretenders can wish themselves, and their several pretensions require; and that within a set and certain time (which we may appoint hereafter) the cause shall be ended and decided, according to the impartial administration of justice. His Majesty shall cause moreover, this clause to be inserted into the Investiture of the Duke of Bavaria, viz. That the same shall not be prejudicial to the Emperor, 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 unto them) shall remain unpreiudiced, and shall expressly be reserved; and shall upon the first opportunity be ended, either by the way of friendly compromise, or legal proceeding. That so, whensoever the Electorate shall be adjudged unto the children or kinsmen of the Palsgrave, they shall enjoy that which shall be adjudged: and be invested therein by his Imperial Majesty 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 himself accordingly, and to put in sufficient security for the same, by a Covenant of an Instrument reversal; as is used in such like cases. Whereby he hath most effectually shown how much he is inclined to the well far of his. Imperial Majesty, the States of the sacred Roman Empire, and to a firm peace and concord.  
And hereunto is his Majesty constant; that although he would do nothing that might be contrary to the golden Bull, or his own Capitulation Royal; but is fully persuaded on the other side, that the Electorship is devolved unto him, & that he accordingly may dispose of it: nevertheless, he offers; that in regard of the children and kinsmen of the Palsgrave, to appoint a set Treaty for it, that it may be finally decided, either by love or law, as hath been said heretofore. By which, the present Electors, Princes, and Ambassadors, may perceive his Majesty's care for the public welfare.  
Moreover, his Majesty hath had a special care to supply the Electoral college, and doubts not, but that when the Temporal Electors (with whom he would gladly have communicated himself, if he might have enjoyed their companies) shall be fully informed of all, as his Majesty purposes to send them word of it; but that they will be very well pleased with his Majesty's mild declaration, & his unpreiudiciall disposition; and that they will likewise confirm the same by their voices, as the Spiritual Electors have done: Seeing that the advancement of a good and a stable peace in the Empire, concerneth them, no less than the other. To whom, with the Electors and Princes present, and the Ambassadors of those that are absent, his Imperial Majesty once again promiseth all friendship, Imperial favour, and all good offices.  
Dated at Regenspurgh, with the Imperial Seal appending, the 23. of February. 1622.