The second section of the eleventh chapter.

Of the imperial congresses held at Regensburg in 1527 and again at Speier in 1529.

814: Farewell to the Diet of Regensburg, established in 1527. Given at Regensburg, May 28, 1527.

From Lünig's Imperial Archives, pari. Zerr. oont. I., p. 471.

We Wolf, Count of Montfort, Imperial. Governor's Official Administrator, and the Councilors Ordered

of the Imperial Regiment in the Holy Empire. We, too, the Electors, Princes and other Estates of the Holy Empire, hereinafter called: hereby publicly confess, as Roman Imperial Majesty, our most gracious Lord, Governor, and we the above-named Regimental Councillors, together with the six Electors and the twelve other Estates of the Holy Empire. Majesty, our most gracious Lord, Governor, and we the above-named Regimental Councils, together with the six Electors and twelve ecclesiastical and secular Princes, in the Imperial Regimental Order, to

The royal dignity there, in blessed memory, together with its country and people of war, was forced to save itself in a field battle with great defeat and cruel bloodshed. The royal dignity there, in blessed memory, together with its country and people of war, was forced to fight a field battle with great defeat and cruel bloodshed, The royal dignity there, of blessed memory, together with its peasantry and warriors, was forced to rescue it, a field battle, with great defeat and cruel bloodshed of the Christians, the places, so that the said king perished, victoriously accomplished, many cities conquered, and partly burned, after miserable deaths and murders of the inhabitants plundered, burned, devastated, with the dragging down of many Christian people and robbery. People and robbery etc., and that such a victory of the Turk, as a tool and an advantage, will provoke him to more poverty, sacrilege and defiance, and that finally all his intentions and plans will lead to the total conquest and destruction of Christendom.

1) Thereupon two ways, the first, a hurried one, the other, a persistent help, as they had been drawn up at that time by governors and us, the regiment, in articles to be deliberated on differently, given to princes, princes and their embassies, taken before the hand, the same put into diligent consideration, how they were to be carried out, raised, and used for the most useful and most shootable 2) against the Turks. And found out that especially on a large and persistent help at that time stately, fruitful and finally nothing can be done nor acted, but that the size of the action and things requires a common imperial diet or assembly of all imperial states. And in view of the fact that the article in the regimental order in question is able to do this, and that this not only affects a principality or a region of the empire, but also the entire German nation, as well as the Christian faith, each person's soul, honor, body and goods, and thus a common work, this common assembly must be established.

1) Added by us from the parallel passage of the previous number.

2) In Walch's old edition: "erschlüßlichsten. Cf. §§ 1 and 8 of the previous number. The word "erfchießlich" stands in Luther in the meaning: ersprießlich; this, however, Luther derides as a neologism (Dietz).

The Supervisory Board is responsible for the implementation of the Code of Conduct.

2. And therefore governors, and we regimental councils, also princes and princes, [and] of the same embassies, so that such persistent help and resistance against the Turks may thus achieve its final progress, and especially because this summer a further serious invasion by the Turk is to be expected, have, according to the unavoidable necessity, held this assembly day, and all the estates of the empire have been summoned to appear on Sunday Lätare, here in Regensburg in their own persons, or, if one or more would be prevented by marital causes, by their embassy, to finally deliberate and decide on the above-mentioned persistent assistance and what may serve to resist the Turks and their followers. Thus the noble and highborn Prince and Lord, Philipp, Margrave of Baden etc., as Imperial Majesty's governor, together with us, the councillors of the regiment, the content of the farewell and tender at Esslingen, arrived here at the right time in such numbers, and first of all his princely grace; and when the same departed some days ago for obvious reasons, then we, the above-mentioned governor's office administrators and councillors of the regiment, were always willing and ready to take our part in the actions that were required; also to await the arrival of the absent estates or their messages, so that the latter may reach and obtain their progress, so that in this case nothing would have been lacking or invented on our part, as far as and where subsequently moving causes indicated by the estates would not have been present. Likewise, we, the embassies, as many as arrive here and are named hereafter, dispatched by our most gracious and gracious lords and sovereigns, in accordance with the content of the tender that has been issued, to take action according to necessity; also to help advise, act and conclude everything that is required by Roman Imperial Majesty, common Christendom and the Church. Majesty, common Christendom, the Holy Empire and the German Nation to honor, benefit, good and welfare. And although it was found that, considering the gravity and greatness of the matters, our most gracious and gracious lords, princes and rulers were eager, willing and inclined to attend such a day in their own person, the diligence of the disobedient half of the subjects, who are still not completely satisfied at this time, as well as other troubles, which would otherwise have been in other ways, would have been in view;

which all, in addition to other impediments to personal arrival, and especially this time to get out of their dominions and territories, give cause.

Accordingly, we, the embassies, have taken the matter in hand, have consulted it most diligently, and, out of dutiful obedience, have been highly eager, according to the form and opportunity of the transaction, to undertake, advise, act, and decide everything that the aforementioned farewell and the tender that has been issued requires, as well as the necessity of the matter.

We have considered, first of all, the size of the matters, and that the states and their embassies arrive here in small numbers, and whether the assembly is already present in greater numbers, which we cannot determine or accept, so that nothing substantial, fruitful and final may have been done and acted upon.

5. So that we may consider, since our most gracious and gracious lords, the six electors and twelve ecclesiastical and secular princes, who have been personally at Esslingen, in addition to governors and regimental councils, in such highly important and burdensome matters, which not only, as has been heard, not only a principality or a region of the empire, but the whole German nation, and also the Christian faith, and the souls, bodies and goods of each and every one of them, do not want to submit to the action, or to decide on it, but which are put and pushed to the request 1) and action of all the estates of the holy empire.

6. In addition, the Roman Emperor's Majesty, through the above-mentioned governor and regiment, princes and princes and their messages, was also informed of such a meeting and the reason for it from Esslingen in writings, with the appendix that they desired nothing better, than that Her Majesty, as far as possible, wanted to appear at such a meeting in her own person, considering that this would do much good to the whole of Christendom, the Empire and especially the whole of the German nation, and would be no small consolation in the heavy, sorrowful burden in which the German nation now stands. However, since the time is somewhat too short, so that Her Majesty is presumably not well able to appear, Her Majesty nevertheless wishes to comfort and help the German nation in the most beneficial way.

1) With Walch: "Auferforderung".

We, the embassies, decree that the Roman Empire, especially the German nation, will receive salutary, gracious counsel, help, and understanding for this and other high and burdensome concerns and necessities, so that the German nation and its members may be peacefully united. But since this has not yet been done by Her Majesty, we and the embassies consider that it has undoubtedly been omitted and prevented by Her Majesty's great marital duties 2) and business, and in no other way. Therefore, for these and other excellent reasons, we, the embassies, find it highly and almost burdensome, and also not useful, to undertake some action in this work, as we would have been well inclined to do, willing and obliging, where there was nothing fruitful in it, or to submit to it. And therefore, if it should be delayed any longer, it is considered that time will be lost here, and that the form of the matter will reach the imperial majesty much more slowly, and that the less will be done to resist the Turk, and in the end nothing else will happen, but the greater the burden, harm, mischief, scorn and ridicule, all to the great irreparable damage and burden of the whole of Christendom, and especially of the German nation.

7. Therefore we, the embassies, did not know how to delay the matter any longer, but considered it necessary, useful and good, due to the revealed causes mentioned and the considerable need, that this action, as it would take shape, should also be of interest to the Roman Imperial Majesty, to all of Christendom, to the Holy Empire, and especially to the German Nation and its members, be reported to the Most Reverend Roman Imperial Majesty, as our most gracious Lord, in the most urgent and beneficial manner, with the highest and most humble request and appeal, that Her Imperial Majesty first of all graciously strive for and receive our present action, which is due to the present embassy, in no other way than to meet the need, in the most humble and faithful opinion.

8) And since, for the above-mentioned reasons, nothing fruitful or definitive was acted upon or decided upon at this scheduled meeting of the main articles, for which the same was announced, our governor's official administrator and regiment, as well as the decreed and skilful embassies, are furthermore not to be affected.

2) "Ehehaften" as a noun occurs again in No. 814. In Luther, "ehehaften" as an adjective occurs only once in No. 747 of the previous volume, otherwise "ehehaftigen", that is, lawful. See Dietz 8. v.

Most sincerely request that Her Imperial Majesty may lead this matter, as it affects her, to an imperial mind and heart, and may have, hold and provide the German nation with gracious command, protection and protection, to give the above-mentioned and other high and burdensome duties and necessities a salutary and gracious understanding, so that the heavy, painful burden of the tyrannical Turk's necessity may be averted, and the German nation and its members may be placed in a peaceful, united being.

(9) And for this reason, we have considered in good faith that nothing could be more useful and more advantageous 1) for this trade, than that Her Majesty would have had an Imperial Diet held and announced at a convenient time and place for Her Majesty's benefit, and yet we have wanted to have this placed under Her Majesty's authority for Her Majesty's good pleasure.

10. After it has been judged that the doing of this work and trade, as indicated above, does not only concern the German nation, nor is it in the latter's power to meet or oppose it properly alone, but that all other Christian kings and potentates also highly and urgently respect the need for help against the Turks: We would like to remind Your Imperial Majesty most diligently that Your Majesty deigns to work with all diligence so that a common peace of Christendom, as much as possible, or at least a cessation of the now pending confusion and disunity of the high Christian heads and estates, may be achieved in the German nation as well.

11) And when the well-born and noble Lord Ulrich, Count of Helfenstein, and Lord Sigmund Ludwig, Lord of Poland, on account of the royal dignity of Bohemia and Hungary etc. have made several half-article requests to us, the embassies, and first of all, since they have heard that we are willing to take hold of this assembly day, they have, on account of royal dignity, requested and requested that, in consideration of these grave and important matters, in which the Holy Roman Empire is not a little concerned, this day be extended until the following Martinmas, and that it be again appointed and held here in Regensburg. On the other hand, after the maintenance of the Regiment and Chamber Court has been granted no longer than the next St. Michael's Day, and then the time of such maintenance will end, that on account of our gracious

1) Walch: "erschließlichers".

We, the embassies, have agreed to grant the maintenance of half of the regiment and chamber court mentioned above until St. Martin's Day. Thirdly, that for the reasons which they have put in writs and handed over to us, we want to follow with royal dignity the urgent aid which has recently been granted and decided at Speier and Esslingen. Lastly, whether the Weyda 2) wants to take care of and order servants and warriors in our most gracious and gracious lords and sovereigns' principality and sovereignty, so that they would not be granted a passport or passage, as they have presented all of this to us at length and most skillfully.

12th We have given and opened the answer to the above-mentioned von Helfenstein and Poland from our previous deliberation and diligent consideration of the matter: namely, to the first article, that this Assembly Day should be extended until Martinmas and be appointed here again. 2c, We would like to remind you that the holding and inquiry of an Imperial Diet belongs to the Roman Emperor's Majesty, our most gracious Lord, and is not within our power and authority. However, we do not want to keep it from you that we are determined to write to the Emperor's Majesty and indicate for what brave and moving reasons nothing fruitful or worthwhile may have been done at this assembly in these highly important matters, and for this reason we have placed it at her Majesty's will and pleasure to proclaim an Imperial Diet.

With regard to the other article and the preservation of the regimental and chamber court, we, the embassies, are in no doubt that the decreed royal dignity has good knowledge that this day was not set aside and announced for the sake of such entertainment, but for other reasons; for this reason, we also have no order or authority from our most gracious and gracious lords and sovereigns. Since, however, it is to be written to Imperial Majesty, as mentioned above, we trust that Imperial Majesty will have and do his gracious understanding in this matter of necessity.

14 And as far as the urgent help is concerned, we, the embassies, undoubtedly consider it, so that our most gracious and gracious lords and sovereigns of royal dignity may prove friendly and submissive will experience that they are particularly inclined to it; so we, the embassies, would also be willing for our person; however, we would have

2) Weyda - voivode?

The next agreements, drawn up at Speier and Esslingen, have been inspected and expressly state that these agreements give form and measure as to how and in what way such urgent help is to be used, and if someone needs it, who should be asked for it; therefore it is not within the power of our embassies to change this, as they themselves 1) would like to accept and judge.

15. In the last place, for the sake of the servants and the people of war, we, the embassies, wanted to reach our most gracious and merciful lords and sovereigns, confident that they will behave and prove to be of good will in this; But since, as has happened so far, many servants are secretly absconding behind their lords' knowledge, the embassies consider it good, since such servants commonly take their course through the kingdom, principality and country of the royal dignity, that the royal dignity should also take precautions at their passports, so that such servants or people of war would not be allowed to pass through.

16) After the Estates of the Empire, at the Imperial Diet held at Speier, had jointly resolved to appoint several Oratores to the Imperial Majesty in Hispania, with ordered and sealed credentials and instructions, which will also be named in due time, and at the end of the aforementioned Imperial Diet, our most gracious Lord Cardinal and Archbishop of Mainz and Magdeburg, Elector etc., as soon as the escort [from] the King of France, to whom 2) has therefore been written, will arrive, then to deliver appointed Oratores for necessity. And subsequently it was found in the arriving escort that [it] had been set for four months alone, one of which was already gone, and therefore the appointed Oratores were to wait for the arriving day at Esslingen, so that they had been in hand for a short time, and from then on the eighteen princes and princes, and the same messages, for reasons mentioned and other moving causes, the sending of indicated orators to this imperial assembly day happened, as they were then attributed to imperial majesty, and thus thereupon reported to us, the other embassies, by us, the embassy of Mainz, the trade and causes of the delay, with presentation of suggested sealed credence and instruction. Thus, we, the embassies, have considered such action carefully, and have taken special care to ensure that it is highly useful and good.

1) Walch: "where" instead of: probably.

2) Walch: "the" instead of: dem.

Oratores have long since been dispatched, and still would be, or in other ways suggested instruction to Imperial Majesty, in consideration of what the Holy Roman Empire and especially the German Nation are interested in. However, since we are aware of how, to what extent and in what form, and also for what reasons, the instruction in question has been issued, and the orators have been unanimously ordered to do so, and since we have not taken any action here for the reasons mentioned above, and therefore it is not within our power or authority to change what was decided at the Imperial Diet in question, we do not need to know what to do at this time.

17. And when on the held day at Esslingen a decided missive, issued by royal dignity of England to the princes of the empire, arrived, which also at that time, although some princes and princes were restrained, was opened by the others, of which again in writings give answer to it, among the others of the content, that on this assembly day of the empire such letter should be held up to common estates: Thus the suggested letter of the tyrannical Turk contained a practiced action, admonishing to what extent he should be resisted, to which their royal dignity also wants to lend its power and help etc., together with the answer given to them, have been submitted to us in their entirety. However, since we have not taken any action in the main articles for which we have arrived here, nor does anyone appear on account of royal dignity, we have put the matter to rest. However, a copy of it has been sent to the Emperor's Majesty, and a copy of it shall be sent to any person who requests it.

18. When, in the beginning and order of this Imperial Diet, some princes and other estates sent messages objecting to the session and subscription of this farewell on behalf of their lords and sovereigns, since, as they indicated, it would be contrary to and detrimental to their customary privileges, usage and justice, The same embassies therefore, at the request of the said imperial governor, and also of our administrator and regiment, kept their session and subscription of the present farewell convivial, harmless and without any order: That therefore it is our, the governor's, official administrator's and regiment's, and on account of imperial majesty's mind and opinion, that every prince and estate should be allowed to hold such a meeting without danger on this assembly day.

The court shall not be prejudicial, detrimental, or in any way inimical to its customary use and justice in the session and subscription indicated.

19 And these are those who are written hereafter, we, the princes, princes, prelates, counts, and embassies of the Holy Roman Empire, rulers, and deeds: on behalf of the archbishop of Mainz, Frobin von Hütten, knight, and Caspar von Westhausen, doctor, chancellor. The Archbishop of Trier, Dieterich von Stein, and Michael Stut, Secretari. Of the Archbishop of Cologne, Dieterich, Count of Manderscheid, and Bernhard von Hagen, Doctor, Chancellor. The Count Palatine of the Rhine, Schenck Veltin, Lord of Erbach, and Lucas Huge, Doctor; all four Electors. Messages of the ecclesiastical princes: on behalf of the Bishop of Bamberg, Daniel von Rebnitz; the Bishop of Würzburg, Bernhard von Thüngen and Ambrosius Geyer. The Bishop of Speier and Administrator of Regensburg, Augustin Roß, Doctor, Chancellor. The Bishop of Augsburg, Hans Stadion. Dieterich, Count of Manderscheid, and Bernhard von Haben, Doctor 2c, elected and confirmed of the Abbey of Münster. Of the Bishop of Osnabrück and Paderborn, Conrad von Dellingshausen, Doctor. Of the Bishop of Merseburg, Wilhelm von Wiesenthaw. The Bishop of Camin, 1) Antonius Netzmeier. The Coadjutor of Fulda, we obgemeldt, Frobin von Hütten etc. and Caspar von Westhausen, Doctor. Of the Master of the German Order in German and French lands, Friedrich Sturmfeder, Commenthur zu Blumenthal. On behalf of the secular princes: Duke Friederich of Bavaria, Georg, Lord of Heideck etc. Duke Georg of Saxony, Dieterich von Wertram, D. Duke Wilhelm and Ludwig of Bavaria, brothers, Johann Weisenfelder, licentiate. Duke Ott Heinrichs and Duke Philippsen, in Upper and Lower Bavaria, Kuntz von Rechberg, von Hohen-Rechberg, zu Stauffeneck. Duke Heinrich of Mecklenburg, Caspar von Schöneich, Chancellor. Duke Albrecht of Mecklenburg, Hans von Dachsberg, Knight etc. Duke Johann of Eleve, Jülich and Berg, Johann von Deckheim called, Doctor. Duke Georgen and 2) Barnim, brothers, of Stettin and Pomerania, Antonius Notzmar, and Georg Kusswa. Margrave Philippsen and Ernsten of Baden, Wilhelm von Wiesenthaw. 3) Landgrave Hu Leichtenberg, and his foster son Ladislawen, and Leonharden, Gra-.

1) Walch: "Camain".

2) "and" put by us instead of: "of".

3) Walch: "Weisenthaw".

fen zu Haag, Gebrüdern, Georg Boheim, genannt Spieß, Doct. On behalf of the prelates: Ambrosius, Abbot of the church at S. Heimeran 4) at Regensburg, personally, Rector. Johann König, by force and on account of the prelates mentioned below: namely, Johann Bastian of Kempten, Rudolphen of Fridingen, Landcommenthurs of the Ballei Alsace and Burgundi, German Order. Conradus, of the church of Kreißheim. Georgen of Salmonsweiler. Gerwingen at Weingarten. Jerome at Elchingen. Andreas at Ochsenhausen. Peters at Ursen. Johannsen at Rod. Jakob at Mindernaw. Johannsen zu Schussenried and Heinrichen zu Marckthal, all of the elders of the affected places of worship. Of the Landcommenthurs zu Coblenz, Wilhelm von Niedern-Eisenburg, German Order. The Abbot of Rockenburg, Bernhard Besserer. The church of Werden, Arnold von Siegen. The abbess of Essen, Caspar von Westhausen, Doctor. About the Free and Imperial City of Cologne, Arnold von Siegen. Strasbourg, Jakob Sturm and Martin Herlin. Speier, Dieter Drawel, city clerk, with command of the city of Hagenau, Colmar, Schletstadt, Weifenburg, Kaisersberg, Münster, Obernehenheim. Frankfurt, Philipps Fürstenberger, with order of the city of Wetzlar, Conrad von Dillingshausen, Doctor. Mühlhausen, Bastian Rodermann. Nordhausen, Christian Müller. Friedberg, Hermann Binkel. Regensburg, Simon Schäblin and Wolfgang Lumbeck. Nuremberg, Christoph Detzen, with command and force Nördlingen, Schweinfurt, Dinckelsbühl, Winsheim, Weißenburg am Nordgau and Heilbrunn. Ulm, Bernhard Besserer, with command Reutlingen, Bibrach, Gemünd, Veil, Gengen, Ysne and Alen.

In witness whereof, we, the governor's stewards and regiment, have sealed this farewell with the imperial seal, ordered to be touched regiment, that we use ourselves herein. And we Froben von Hütten, and Schenck Veltin von Erbach, on account of our and the Electors' messages. We Bernhard von Thüngen, and Georg von Heideck, on account of our message and that of the ecclesiastical and secular princes. And we, chamberlains and council of the city of Regensburg, on behalf of ourselves and the free and imperial cities, do affix our seal to this farewell on account of this assembly. Given and done in the Holy Roman Empire city of Regensburg, on the eighth and twentieth day of May, A.D. 1527.

4) Heimeran - Emmeran.

815 Emperor Carl V's power of attorney for his commissioners delegated to the Diet of Speier. Valladolid, Aug. 1, 1528.

From Joh. Joachim Müller's Historie von der evangelischen Stände Protestation wider den Reichsabschied zu Speier, lib. I., eap. II, p. 3, p. 14.

We, Carl, Roman Emperor chosen by the Grace of God, at all times Major of the Empire, in Germania, Hispania, both Sicilies, Jerusalem, Hungary, Dalmatia, Croatia King, Archduke of Austria and Duke of Burgundy etc., Count of Habsburg, Flanders and Tyrol etc., publicly confess with this letter, and make known to all men: Having considered that we, as Roman Emperor, by reason of our imperial dignity and office, are most deserving to consider, seek and promote the benefit, honor and welfare of the Holy Roman Empire: therefore we now, out of necessity, call a general Imperial Diet and assembly of all Princes, Princes, Prelates, Counts, Lords, Cities and Estates of the Holy Empire, on St. Blaffen Tag [February 15]. The Council of the Holy Roman Empire has ordered the proclamation of the next meeting in our and the Empire's city of Speier by means of a public notice. Especially for the reasons stated in the same notice. And we now (although we would like nothing better than to appear at such a day, meeting and action ourselves) are prevented at this time with such seemingly great objections and marital obligations 1) that it is not possible for us to do so, we want to cause ourselves unbearable and irreparable damage and harm, that we therefore, and so that such necessary actions may nevertheless achieve their progress, and that for this reason also no lack may be felt, call upon the most noble Prince, Lord Ferdinand, King of Hungary and Bohemia etc.., Archduke of Austria, Duke of Burgundy, of Styria, Carinthia, Carniola, Silesia and Würtenberg 2c, Margraves of Moravia and Counts of Tyrol, our friendly dear brother and governor in the Holy Empire; and the venerable, our Vice-Chancellor, Orator general in the Holy Empire, and dear devout, Balthasar, Bishop of Malten, Postulirten of Hildesheim, Coadjutor of the Constance Cathedral; and the high-born and venerable, our dear cousins, overseers and princes, Frederick and William, and the Holy Roman Emperor.

1) Marital-legal causes.

helm, Gevettern, Pfalzgrafen beim Rhein, Herzoge zu Ober- und Niederbayern; Bernhard, Bischof zu Trent, und Erich, Herzog zu Braunschweig und Lüneburg, our councillors, as Commissarien und Botschaften zu solchen Reichstag und Handlung gemacht und verordnet haben, ihnen auch gemeinsam und besonders unsere vollkommene Macht und Gewalt zugestellt und gegeben haben. And we order, assign and give it to them knowingly in virtue of the letter, so that they appear before the above-mentioned imperial estates, and also the mentioned imperial assembly, in the common imperial council for our sake, also in our place, together with the same estates, on the articles mentioned in the mentioned letter, to resist and ward off the enemy of our holy Christian faith and name, the Turk, the rulers of the same of our holy Christian faith, also for the maintenance of our regiment and chamber court, and otherwise in everything else that may arrive at and serve the honor, reception, peace, welfare, peace, justice, execution, unity and good police of the Holy Roman Empire, we shall and may help, consult, act, approve and finally decide, also do and leave everything and anything else that we ourselves, if we were personally present, could, should or would act in such everything for the benefit and best of the same Empire. And whatever is done, acted upon, approved and decided by the aforementioned Princes, Princes and other Estates, or the greater part thereof, together with the aforementioned our Imperial Commissaries and Commanders, is and shall remain our entire will, opinion and good pleasure, We also want to keep all of this firmly on our part, and faithfully help to carry it out, in all measure, as if we had personally carried it out, approved it and decided it, without any danger, with the certificate of the letter, sealed with our imperial attached seal. Given in our city of Valladolid, in Castile, on the first day of the month of August, after the birth of Christ our dear Lord, in the fifteen hundred and eight and twentieth, of our kingdoms, of the Roman in the ninth, and of all the others in the twelfth.

CAROLUS

Ad mandatum Caesareae et Catholicae Majestatis proprium.

Alexander Schweiß, Registrar Offenburger.

816 Reichstag Proposition at Speier. 1529.

From Müller's History of the Protestant Estates Protestation 2c, p. 18.

Receipt of the Reichstag proposition.

The Roman Imperial and Hispanic Royal Majesty etc., our most gracious Lord, Governor in the Holy Empire, Orator and Commissarien, ordered to this Imperial Diet, the most illustrious, highborn Princes and Lords, Mr. Ferdinand, zu Hungarn und Böheim etc. King, Jnfant in Hispania, Archduke of Austria etc., Mr. Balthasar, Bishop of Malten, Postulirter of Hildesheim, and Coadjutor of the Constance Chapter, the said Imperial Majesty's Vice-Chancellor and Orator General, Mr. Frederick and Mr. William, cousins, Palgraves on the Rhine and Dukes in Bavaria, and Mr. Bernhard, Bishop of Trent, in place of themselves, and on account of the most illustrious, Highborn Prince and Lord, Lord Erich, Duke of Brunswick and Lüneburg, their fellow Commisfarien, give the Holy Roman Empire's noble Princes, Princes, ecclesiastical and secular, and other estates, who appeared at the present Imperial Diet, friendly, favorable and gracious opinion to recognize etc.

Second 1) Propositional point concerning the matter of religion.

(1) Secondly, His Imperial Majesty bears no small sorrow and grievance. Majesty bears no small sorrow and complaint that in the German nation, during the time of her reign, such evil, grave, pernicious and corrupt doctrines and errors have arisen in our holy faith, and are now spreading more and more every day, that thereby not only (which is the highest and most important thing) the Christian and praiseworthy laws, customs and usage of the Christian church are held in contempt and blasphemy, to the shame and dishonor of God our Creator, but also her Imperial Majesty and the Empire, and especially the German nation, estates, subjects and relatives, are being held in contempt and blasphemy. Majesty and the Empire, and above all the German nation, estates, subjects and relatives have been moved and inflamed by this to severe miserable indignation, rebellion, war, lamentation, bloodshed among themselves, and thus their Majesty's mandate and commandment, also the separations of the Empire, have been kept little before their eyes, but in much of the way.

1) Müller has omitted the first propositional point, which concerns the Turkish War.

The fact that the people of the world are acting in a way that is grossly repugnant and contemptible to their majesty is not to their small but to their highest displeasure, and furthermore that they are not at all meant to watch and allow (as they are obliged to do as the supreme head of Christendom).

2 And when, in the agreement recently made at Regensburg, the aforementioned imperial governor and councillors of the imperial government had to give up their office, the court was not able to decide on the matter. The governor's official administrator and councillors of the imperial regiment. The messages of the princes and princedoms, as well as those of other estates present, are considered good, so that in the confusions and disputes, which are partly due to the thought of our holy faith and Christian religion, a unanimous and uniform understanding can be made, which could not be done more fruitfully than by a free general council or at least a national assembly, which should have been held in a year or a year and a half at the longest. 2) that her Majesty's governors, administrators and councillors of the imperial regiment, as well as of the absent princes, princes and estates, have considered messages concerning the general council, and that they consider such a meeting to be fruitful. At the same time, however, it has not been possible for Her Imperial Majesty alone to appoint the General Council. If Her Majesty had appointed the special authority apart from the papal sanctity, and had not used the form of the right in it, it would certainly have caused noticeable unrest and division of all the estates, therefore Her Majesty considered it burdensome to appoint the same general council at the same time, and thus avoided it in the best way.

(3) Now, if matters between the said Imperial Majesty and Papal Holiness are in good Christian understanding, Her Majesty is certain that the General Council will not be held by Papal Holiness. Majesty and the Papal Holiness are, by the grace of the Almighty, in good Christian understanding, that Her Majesty is certain that the Papal Holiness will not refuse to hold the General Council, but that, according to her attribution, it will be sent to the Imperial Majesty at a later time. Majesty before the Imperial Orator's departure from Hispania. Orator's departure from Hispania, then Her Majesty is graciously requested to act and promote it with His Holiness of her fortune, 3) that such a General Council be granted to the said Papal Holiness next to Her Majesty to be the first to be written out, and that there should be no lack of it at all, so that then, in such erroneous cases, it may be possible for the Holy Roman Emperor to be the first to be called upon to hold the General Council.

2) The following passage and the beginning of § 3 are included in the Preface to the Augsburg Confession. See No. 960.

3) Walch: "verfodern" instead of: befördern.

We hope that the teachings of our holy faith will be promoted and finally acted upon, and that our holy Christian faith will be preserved in its good essence for the future, and that we may remain as good Christians.

Accordingly, it is the will of the said Imperial Majesty. Majesty's will, opinion, and especially serious command, commands and mandates every person, ecclesiastical and mundane, of high and low rank, to perform the duties with which every person is related to Her Imperial Majesty and the Holy Roman Empire. The mandates issued also provide that, in the event of the forfeiture of any regalia, fiefs, liberties, gifts and graces, and in addition in the event of serious penalties and punishments, no one of the ecclesiastical or secular estate shall, between the establishment and holding of the intended council, contrary to our true Christian faith, punish the other with confiscation and disqualification on account of the faith, with the confiscation and deprivation of ecclesiastical or secular authority and goods, contrary to ancient usage and custom, does not violate or urge the other to give himself to an unlawful or foreign faith, or to make himself dependent on the new sects, as may have happened in some places up to now, but each one, as may well be expected of an obligated person and kinsman of the realm, obeys her Imperial Majesty's commands. Majesty's commandments and show, as dear to each one, the above-mentioned penance, repentance and punishment, and in addition the Holy Roman Empire's attention and disregard, 1) in which anyone who, contrary to such a serious commandment of Her Majesty, in fact does nothing violent, shall immediately be fallen de facto, without further declaration and explanation.

5 For if anything should be done about such a command of Her Imperial Majesty. 5. For if, contrary to our Christian faith, nothing should be done about such a commandment of Her Majesty, or if someone should be overpowered, as has been said, this would cause further unrest, disobedience, rebellion, and indignation, which would finally cause insurmountable harm and damage to those who would be the originators, and which Her Majesty would not like to grant to anyone.

6 And in order to prevent such aforementioned diligence, mighty deed and action, it is further ordered by the said Imperial Majesty that, in the event of such a serious prohibition, new outrages or rapes shall occur. Majesty's serious command, if new outrages, riots or rapes would occur and happen through such a serious prohibition by Her Majesty, that then the next seized persons appear with help and rescue to the one or ones who would be overwhelmed, damaged or burdened; as the agreement, made in the 26th year here at Speier, carries out such according to [the] length 2).

1) Walch: "Oberacht".

2) Walch: "long" instead of: Length.

7) And after an article has been included in the Imperial Diet at Speier, made in the above-mentioned 26th year, which states that the Princes, Princes and Estates of the Empire, and the same embassy, have unanimously agreed and united, in the meantime of the Council, with their subjects, in matters which the edict, made by the said Imperial Majesty at the Imperial Diet at Worms, touches upon. Majesty at the Diet of Worms, to live, rule and keep, as anyone hopes and trusts to do against God and their Imperial Majesty. Majesty hopes and trusts to answer etc. Her Imperial Majesty is not a little dismayed by the fact that this article, which has been understood, interpreted and explained by many of the estates of the Holy Roman Empire to her liking, has caused great disquiet and misunderstanding against our holy Christian faith, disobedience to the authorities by her subjects, and much other harm; But in order that in the future the same article may not be further accepted and interpreted according to each one's liking, and that what has hitherto been done from it contrary to our holy faith may be prevented: Her Imperial Majesty Her Imperial Majesty hereby rescinds the article in question, as it is contained in the aforementioned decree, and passes and destroys it now as then, and then as now, all out of imperial power and perfection. And it is the order of Her Imperial Majesty. And it is the command of Her Imperial Majesty that in its place the article now read concerning the faith be placed and used in future imperial decrees, and that no one act against it, avoiding punishment, penance and repentance; Her Imperial Majesty will provide this to princes, princes and estates completely and without refusal. This is what the said Imperial Governor, Orator and Commissary have decreed. Governor, Orator and Commissars, but by order of the Imperial Majesty, to the Electorate. The Imperial Governor, Orator and Commissars, by order of the Imperial Majesty, the Princes, Princes and Estates of the Empire, in the best interest of each to comply with it and to prevent damage and harm, do not wish to behave in a friendly and gracious manner.

Conclusion of the Reichstag Proposition.

And finally, the above-mentioned city governors, orators and commissioners, in the name of and on account of the said Imperial Majesty, graciously and earnestly want their friendly and gracious request. Majesty, graciously and earnestly, also for themselves, their friendly and gracious request, entreaty and desire, that Electors, Princes and Estates of the Holy Roman Empire, who wish to promote the above-mentioned two Articles, as the most noble, in which the Holy Roman Empire and the German Nation are most concerned, which cannot or may not suffer any delay or standstill.

In this way, in other matters incumbent upon the Empire, which are also conducive to the establishment and preservation of peace and justice, good police and the welfare of the Empire, and as the above-mentioned Imperial Diet can act. All this the above-mentioned imperial governors, orators and commissars. The above-mentioned Imperial Governors, Orators and Commissars shall act not only in accordance with the orders they have received from the said Imperial Majesty, but also on their own behalf. The above-mentioned Imperial Governors, Orators and Commissars, not only in accordance with their orders from the said Imperial Majesty, but also for themselves, as members of the Holy Roman Empire, to the best of their diligence and ability, alongside the said Princes, Princes and Estates of the Empire, want to promote, handle and help to carry out. Such a conducive and speedy action of the princes, princes and other estates would confidently benefit all beings, and the Imperial Majesty would recognize, consider and never forget this with all graces towards them as a whole, and towards each of them in particular.

817 Concerns of the Electors, Princes, and others appointed to the Grand Committee about the above Imperial Proposition. Bor the 10th of April 1529.

From Müller's History 2c, p. 25. We have the time determination according to the information found in No. 820 that the term "put forward" in the committee had been overlooked again on April 10.

(1) The princes, princes, and other delegates to the great committee, the royal dignity of Hungary and Bohemia, as well as the commissars of other decreed Roman majesties, have taken written presentation and instruction in hand, and have considered and considered the article concerning our holy Christian faith with the greatest diligence and all necessity. And after the other and last imperial congresses held at Nuremberg, item, the next one at Speier, and also at Regensburg, the princes, rulers and estates of the empire have bravely and excellently conferred on it, and have unanimously decided that nothing more fruitful could be done for Christian unification and the laying down of such a law than a free general council in the German nation, which therefore should be submitted to the Roman imperial majesty with the highest submissive authority. Majesty, with the highest submissive request, to carry out the same. Since Her Majesty now allows the same General Council, the content of the instruction handed over, to be carried out, with the narration of the

Causes why the same could not have been until now, and most gracious consolation that Her Imperial Majesty is certain that by Papal Holiness the General Council will not be refused. Majesty is certain that by Papal Holiness he will not refuse to hold the General Council, with gracious request and consolation to act and to pursue that the same General Council be announced by Papal Holiness next to Her Majesty:

2 Thus the Electors, Princes and the members of the Committee consider it necessary and good that this be accepted by the Imperial Majesty with great gratitude. Majesty's gracious command be accepted with high and humble thanks, with notification: After in many held imperial congresses it has been advised and decided in an emergency and bravely, but until now, not to little trouble and extension of the above mentioned misunderstanding and misconception of the holy faith, it has been difficult, and has grown to such an extent, that the trade should now not suffer a longer time or delay etc., and attached request that her Majesty, as the supreme bailiff and head of Christendom, would take such a grave case and concern of the common German nation to the utmost heed, and would graciously promote and be certain of it, that a free, Christian general council, first of all always possible and safe for the longest possible time in one year after date, would be announced, and thereafter for the longest time after date, and thereafter for the longest time in a year or a year and a half, and held in the German nation at the places determined above, as at Metz, Cologne, Mainz, Strasbourg, or at another location in the same nation, so that the German nation may be united in the holy Christian faith, and the pending discord may be discussed.

3 If, however, at a certain time the General Council should not have its progress due to the accidental prevention of Papal Holiness, or otherwise, the German nation will by no means want to be reassured by Imperial Majesty and Papal Holiness that then their Imperial Majesty will have the right to hold the General Council. Majesty and Papal Holiness, that then Her Imperial Majesty will call a general assembly of all German estates. and others, if the necessity would require it, would have one called in Germany at an appointed time and place; and that Her Majesty, as the head of such an assembly, would also want to be present in person for the benefit of all things, and to promote everything in such a way and bring it into actual execution, so that it would achieve its certain progress without some prolongation or refusal (as the highest necessity requires).

4) And after an article was included in the proceedings of the recent Diet of Speier

The following is understood to hold: that the princes, princes and estates of the empire and of the same embassy have unanimously agreed and united, in the meantime of the Council with their subjects, in matters concerning the edict, made by Imperial Majesty at the Diet of Worms. Maj. at the Diet of Worms, to live, to govern and to keep, as each one hopes and trusts to answer for such against God and Her Maj.

(5) And the same article has since been misunderstood by many, and has been used as an excuse for all sorts of frightening new doctrines and sects, so that such things may be cut off, and further apostasy, discord, strife, and disquiet prevented: therefore princes, princes, and other estates have decided that those who have remained by the above-mentioned imperial edict shall also remain by the same edict until the future concilio, and shall hold their subjects to it. The same edict shall remain in force until the future concilio, and their subjects shall and will be held to it.

(6) And in the case of the other estates, among which the other doctrines have arisen, and some of which cannot be averted without noticeable turmoil, trouble, and danger, all further innovation should be prevented, as much as is possible and humane, until the future Council.

In particular, some doctrines and sects, as much as they are contrary to the reverend sacrament of the true Corpus Christi and blood of our Lord Jesus Christ, shall not be accepted by the estates of the Holy Roman Empire of the German Nation, nor shall they be allowed or permitted to preach there publicly; likewise, the offices of the holy mass shall not be taken away, nor shall anyone be forbidden, prevented, or urged to keep or hear mass in places where the new doctrine has gained the upper hand.

8 Likewise, because of the rebirth, which, contrary to previous imperial and papal law, has long since gone out, there is a certain and obvious cause and intention for a new sedition and rebellion in the Holy Roman Empire. Therefore, a new mandate should be issued by Imperial Majesty from this time on, and the same rebaptism should be seriously forbidden, and whoever enters into such vice should be punished according to the contents of the same mandate. When at Nuremberg, at the last two imperial congresses held there, two articles were passed and approved, especially concerning preachers and printing: princes, princes and all estates want that the same be lived and followed; and namely, that every prince, prince, prelate, count and other estates in the empire, with all possible diligence in their

The authorities shall order and decree that all preachers shall speak and act in a proper manner, avoiding in their sermons anything that might cause the common man to move against the authorities or lead the Christian people into error; but that they alone preach and teach the holy gospel, according to the interpretation of the scriptures, approved and accepted by the holy Christian church, and that they abstain from preaching and teaching disputable things, but to wait for the above-mentioned Christian Concilii decision. To this end, princes, rulers and estates of the realm shall and will take every possible precaution in the meantime to ensure that nothing new is printed, and in particular that invective is neither publicly nor secretly carried or interpreted for fine sale in all printing houses and by all bookkeepers of every authority, But what is printed or sold for this reason should be inspected beforehand by persons appointed by the authorities, and if any deficiencies are found in it, it should not be allowed to be printed or sold under severe penalty, but should be strictly forbidden.

(9) After all this, the Imperial Majesty commands every cleric and secular, of high and low rank, to perform the duties required of each of them by Her Majesty and the Holy Roman Empire. and the Holy Roman Empire, even in the event of the loss of any regalia, fiefs, liberties, gifts and graces, that no one of the ecclesiastical or secular rank shall, between the appointment and holding of this concilii, in any way whatsoever, oppress the other by depriving him or her of his or her authorities, goods, rents, interest and customs. But whoever, contrary to this commandment of the Imperial Majesty, would do and act in a violent or criminal manner, the same or the same shall, by that act, fall into their Imperial Majesty's disgrace, attention and disregard, but with a previous declaration.

(10) The truce established at Worms and decided upon at the recent Imperial Diet at Speier shall be firmly maintained, and it shall be lived by and complied with. If, however, contrary to such a serious imperial commandment and truce, new outrages, riots and rapes should occur and happen, then the next in line shall give the person or persons who have been raped

1) Walch: "more daily"; but it is to be read "more suitable" according to No. 818, § 8.

If the person in question would be burdened or impaired, he shall appear upon request and also, if he realizes this for himself, with immediate help and rescue, as the Speierische Abschied also otherwise indicates according to its length 1).

818 The Imperial Diet at Speier, to which the imperial constitution or statute on how brother's or sister's children should divide their father's brother's or sister's abandoned inheritance among themselves, and the constitution or mandate against the Anabaptists, is attached. April 22, 1529.

This Reichstag resolution was printed in folio in Mainz in 1529 and is found in its entirety in Lünig's Reich Archives, pari. Zen. oont. I, x. The date we have set is the day on which the farewell was signed. The draft of it was made on April 7, 1529; on April 12, the Protestant estates had their counter-script read. On April 18, they were denied a further hearing by decree, and on the following day the draft was approved as a formal Reichstag resolution and signed on April 22. On April 25 they drew up their protest against it. See Document No. 820,

We Ferdinand by the grace of God, King of Hungary and Bohemia, infant of Hispania, Archduke of Austria, Duke of Burgundy 2c, Governor of the Holy Roman Empire. And by the same graces, we Balthasar, Bishop of Malten, Orator genralis of the Constance Chapter. Frederick, Count Palatine of the Rhine, Duke of Bavaria; William, Count Palatine of the Rhine, Duke of Bavaria. Erich, Duke of Brunswick and Lüneburg, and Bernhard, Bishop of Trent, of the Most Sublime, Great, Highborn Prince and Lord, Lord Caroli the Fifth, elected Roman Emperor, to this Imperial Diet here at Speier specially appointed Commissaries etc., hereby declare and manifest: Since the Roman Imperial Majesty, our most gracious Lord, out of great necessity, for the advancement of the Holy Roman Empire, and especially of the honor, benefit and welfare of the German nation, has once again ordered a general Imperial Diet to be held here at Speier, and has proclaimed it, on several necessary points, such as the discord over our holy Christian faith; item, how and to what extent the Turks may be met with urgent help and persistent resistance, and how the regiment and court of justice may be further maintained,

1) "of length" put by us instead of: "long ago".

and other necessary matters, in accordance with Her Imperial Majesty's invitation and instruction etc. to act, to deliberate and finally to conclude. However, due to highly important and public concerns and hindrances, Her Majesty was unable to appear in person on such a day, and because of Her Majesty's emergency powers and instructions were given to us: So we have, according to and by virtue of the same, our authority and command, as well as princes, princes, prelates, counts and estates of the Holy Roman Empire, who have personally appeared there in brave numbers, and who have taken messages from the absentees, the above-mentioned and other points and articles with timely and brave counsel, and have thereupon all united and compared a parting of the same counsel, as the same follows from article to article.

1. And initially concerning the article of the discord of our holy Christian faith: because before at many held imperial congresses, and also now after valiantly held counsel, for Christian unification and settlement of such conflict nothing more fruitful and better could be found or considered than to hold a free general council in the German nation; as then imperial majesty before requested and requested by the estates to promote the same at papal holiness etc., and the Princes, Princes and Estates have heard from the Instruction now handed over to their Imperial Majesty that their Majesty is not only pleased to hold the Council, but that it is certain that the Papal Holiness will not refuse to hold the General Council, and that their Imperial Majesty also wishes to promote it, so that it may be proclaimed by Papal Holiness in addition to their Imperial Majesty: So the princes, princes and estates of her Majesty have once again written, requested and reminded her most humbly that her Imperial Majesty, as the supreme, head and bailiff of Christendom, would graciously take to heart, be involved in and promote such a grave case and concern of the common German nation, and that the trades may no longer suffer a long delay, so that first of all, as always possible, a free, Christian general council, and without danger, may be proclaimed long ago in a year after the date, and then, for the longest time, begun in a year or a year and a half, and held in the German nation, in the places determined beforehand, as at Metz, Cologne, Mainz, Strasbourg, or in some other situated place in the same nation, so that the German nation in holy Christianity may be able to live in peace and harmony.

The aim is to unite the two faiths and to discuss the pending discord.

2) If, however, the General Council should ever not have its progress at an appointed time, due to the accidental prevention of Papal Holiness or otherwise, then Her Majesty would have a general assembly of all the estates of the German nation, and of others, if the need should arise to require it, to be convened in Germany at an appointed time and place. And that Her Majesty, as the head, would also want to be present at such an assembly, for the benefit of all things, and promote everything in such a way and bring it into actual execution, so that it achieves its certain progress without some prolongation and refusal, as the highest necessity requires.

3. And after an article has been included in the proceedings of the Imperial Diet held here at Speier, stating: that princes, princes and estates of the empire have unanimously agreed and united, in the meantime of the council with their subjects, to live, govern and keep in matters touching the edict, made by imperial majesty at the Imperial Diet at Worms, as each one hopes and trusts to answer for such against God and his majesty.

4. And the same article has since been drawn and interpreted by many in great misunderstanding and as an excuse for all kinds of frightening new doctrines and sects, so that such things might be cut off and further apostasy, strife, discord and discomfort might occur: We, together with the Princes, Prelates, Counts and other Estates, have decided that those who have remained with the aforementioned imperial edict until now, should and will remain with the same edict until the future Concilio, and hold their subjects to it. And in the case of the other estates, among which the other doctrine has arisen, and in part cannot be averted without noticeable uproar, trouble and danger, all innovation shall be prevented as far as possible and humane until the future council.

In particular, some doctrines and sects, which are contrary to the sacrament of the true Corpus Christi and the blood of our Lord Jesus Christ, shall not be accepted by the estates of the Holy Roman Empire of the German Nation, nor shall they be allowed or permitted to be preached there;

1) "large" put by us instead of: "larger" by Walch. So it is to be read, both after No. 816 and 817 and after No. 821.

Likewise, the offices of the Holy Mass are not to be taken away, nor is anyone to be forbidden, prevented, or urged to hear the Mass in places where the other doctrine has been established and is held.

6. Since a new sect of rebaptism has recently arisen, which was forbidden in common law and condemned many hundreds of years ago, which sect, by imperial mandate, is increasingly breaking in and gaining the upper hand, and since Her Majesty, in order to prevent such grave evils and what may follow, to preserve peace and unity in the Holy Empire, has established a lawful constitution, statute and order, and has proclaimed it everywhere in the Holy Empire, thus reads: That all and every Anabaptist and rebaptized, male and female, of understanding age, from natural life to death, shall be judged and put to death by fire, sword or the like, according to the occasion of the persons, without preceding the ecclesiastical judges inquisition. And the same peacebreakers, captains, countrymen and the agitated rewinders of the touched vice of rebirth, also those who insist on it or fall down for the other time, shall by no means be pardoned in such, but against them, by virtue of such statutes, be dealt with seriously with the punishment. However, those persons who immediately confess their error for themselves or upon instruction and admonition, are willing to recant it, accept repentance and punishment for it, and ask for mercy, may be pardoned according to their status, nature, youth, and all circumstances. That also every one should have his children baptized in youth, according to Christian order, custom and usage. But whoever would despise this and not do so, on the opinion that the baptism of children should be nothing, that he who would insist on it would be considered an Anabaptist and subject to the above-mentioned imperial constitution, and none of them should be pardoned for the above-mentioned reasons, relegated and expelled to other places, but entrapped and bound to remain under his authority, which should then have a diligent supervision, so that they do not fall away again.

(7) Likewise, no one shall abstain from, subordinate, or postpone the other subject or relative who has departed and left their authority on account of the departed person's rebirth, but the same authority, under which the departed person abstains, shall immediately take possession of such transfer or be transferred to the other subject or relative.

he shall act strictly against the same, who escaped, according to the above-mentioned imperial statute, and shall not suffer or tolerate them over it, all with penalty of eight etc., that 1) thereafter we, also princes, prelates, counties and estates, unanimously agreed to live, comply with and execute such imperial constitution, order and statute, in all above-mentioned points and articles, faithfully and diligently.

8. And when at Nuremberg at the two last imperial congresses held there two articles, especially concerning preachers and printing, were passed and approved, we, together with the princes, prelates and counts, have agreed and united that the same shall again be followed and complied with, namely that every prince, prelate, count and other estates in the empire shall order and decree with all possible diligence in their authority, that all preachers be spoken to and acted upon in a proper and proper manner, to avoid in their sermons anything that might give rise to agitation of the common man against the authorities, or to lead Christian people into error, but that they alone preach and teach the Gospel according to the interpretation of the Scriptures, approved and accepted by the holy Christian church. And as for disputable matters, to abstain from preaching and teaching the same, and to await the aforementioned Christian conciliar decision.

9. To this end, we, as well as the princes, princes and estates of the empire, shall take every possible precaution in all printing works and with all bookkeepers of every authority to ensure that nothing new is printed, and especially that defamatory writings are neither publicly nor secretly written, printed, sold or displayed for sale, but that whatever is written, printed or sold for this reason is first inspected by every authority through persons appointed for this purpose, If it is found to be defective, it shall not be allowed to be printed or sold under severe penalty, but shall be strictly forbidden and kept, and the poet, printer, and seller who violates such commandment shall be punished by the authorities under whom they sat or entered, as the occasion arises.

We, also princes, prelates, counts, and estates, have unanimously compared ourselves, and have promised and pledged to each other in good and true faith that no one of spiritual or secular rank shall deny the other faith.

1) With Walch: that.

The king shall not rape, invade, or encroach upon, nor shall he deny his rent, interest, tithes, and goods. Likewise, none of the other subjects and relatives, because of faith and other causes, should nor want to take into special protection and protection against their authorities; all this under penalty and punishment of the imperial peace established at Worms, which all its contents shall remain in dignity, be firmly held and enforced.

11. And so that there is no lack of such execution: We, the princes, prelates, counties and estates, have further agreed and united, if it should happen that one estate, contrary to all the above-mentioned, wants to overrun the other with military force or otherwise violently, that then the Imperial Court of Appeal, from the request of the one or more of them, who are concerned about the overdraft and have duly offered to do so, shall have full command, power and authority to order those who are in arms and armor to refrain from such violent action and overdraft, and to be content with it in accordance with the law.

12 If, however, the person or persons thus commanded should disobey, the Imperial Fiscal shall immediately proceed and execute against the disobedient person or persons, for the declaration on the above-mentioned mandates, without delay and in the most favorable manner; also, the same disobedient persons shall be declared by the Court of Appeal to be subject to the eight and other penalties of the peace of the land, as is due. And in addition to these, the Court of Appeal shall nevertheless make a common demand against all and any helpers, the one or ones who, as mentioned above, are in armor and in command of the mighty armor, with penalty of the eight, also for the most favorable outcome. Similarly, the other neighboring states of the empire shall immediately, upon penalty of eight, require and exhort the handling of everything, as mentioned above, to draw to the rescue of the person or persons who want to be thus covered or subjected to violence, with a proper shell and to do so.

13 The rapist shall also be obliged to pay and reimburse the war expenses incurred to those who would be required and conscripted to do so, and shall be at the will of the assistants to enable the rapist to file the charges as soon as possible, or, upon the moderation of the court of appeals, with the penalty of eight, to bring such charges from him, for which the court of appeals shall also assist him and refuse to do so.

14 The article from the next Imperial Diet held here at Speier, made on account of the rebellious subjects, shall also exist and remain in dignities and powers. Namely, if some subjects of the authorities, ecclesiastical or secular, are gathered together, again arouse rebellion and insurrection, then the next-joining Electors, Princes, Counts and other authorities shall, at the request of the same authorities in which the rebellion has arisen, apply to them from time to time, even in haste, on horseback and on foot, for help, rescue and assistance; And if the same help, thus requested, would be too weak for the riot that has arisen, then the other next-sitting princes, lords and estates shall, upon request, as aforesaid, in the same way as they are able to the strongest, also move to quell the disobedient, the rioters again, to bring them into obedience and to punish the charge. And all of us, one against the other, shall show and hold ourselves in this no differently than if such rebellion and insurrection had occurred and happened in each of our own principality, dominions and territory, and in moderation each would have liked to have done and take from the other.

15. So that no confusion or misunderstanding arises between the helper and the one being helped, the help of the princes, prelates, counts and estates, who are called upon to rescue and help others, shall be given, the authorities in whose principality, dominion or territory the rebellion has arisen, on horseback and on foot, as strongly as possible, and if necessary, at their own expense and damage, for one month against the disobedient subjects. However, in such a month 1) the arrival and departure shall be counted. If, however, such assistance would extend over a month and would be delayed, the one to whom the assistance would have been rendered shall then unite and settle with the helper for the assistance he will render and show over the month. For this purpose, the helper against whom he has helped shall keep and show himself thus tolerably, friendly and neighborly for such help, as he would like to have had and done by others in the same case.

16) Secondly, as far as the point or article of urgent aid is concerned, after having heard from the imperial instruction that the Turk is highly ambitious, intent and minded to violently invade the crown of Hungary and common Christendom this spring, princes, prelates, counts and others

1) In Walch: "mandate" instead of: Month.

The states considered how the Turk of the next year 1526. Therefore, the matter has now grown to such an extent that, if the Crown of Hungary does not receive substantial help in resisting the Turk, he would like to bring the entire Kingdom of Hungary, including the adjoining principalities and dominions, under his control, and draw promoters into Germany. If the Turk should then again gain his will against the Crown of Hungary (for which the Almighty God is in favor), and advance against other neighboring principalities, what noticeable trouble would ensue for the entire German nation, what fright, pusillanimity and apostasy would result everywhere, would be easy to see. And therefore we have all and unanimously resolved not to leave the Christian Kingdom of Hungary, considering that it will bring honor, benefit and welfare to the common Christianity, especially to the German nation, and that it will bring comfort and salvation to them. For this reason, and in order that the hurried deployment may take place all the more effectively, we, as well as the electors, princes and estates, have granted and authorized that the quarter and a half, three months, and half a quarter, six months, on foot, plus the four thousand on horseback, which are still left over from the aid granted above, be used for the march on Rome and against the Turks, and are to be used against the Turks, are also to be put up at one money, made half at Worms by virtue of the attachment of such granted shells, and together with the aforementioned two-fourths on foot are to be sent to the Crown of Hungary or the adjoining principalities, where it will be most necessary, against the Turks' help and used.

17. And so that such a noble and brave assistance is not undertaken in vain or unfruitfully, nor is it used anywhere else but only to counter and resist the Turk, and not before the Turk undertakes a mighty military campaign against Hungary or the successively named principalities of the German nation: So much is now being done with the Electors and Princes, who are in the process of parting at Esslingen, that they should and will at all times make certain announcements about how the Turk's actions and undertakings are proceeding everywhere. And that each of the six princes or princes inquires about this and certainly learns about it, or otherwise becomes aware of it for himself, that one of them should inform the other.

to give notice and to inform them at any time. And if they find that the Turks are in such a condition that necessity would require them to advance and render the above-mentioned aid to the Crown of Hungary: They shall then, together with the four regimental councils, for themselves, or at the request of the Crown of Hungary, require and receive the money, which has already been collected from the two fourths, and which is to fall and be collected again from the present installation, from the one who has collected it, The king shall take and appoint captains and warriors on horseback and on foot, as they may be most useful and profitable to unite with the royal dignity of Hungary, or as they may deem best for themselves, and shall have power and authority to send the same people of royal dignity to Hungary. Even if one or more of them do not appear due to matrimonial impediment, or if no one else decides on their behalf, those who are present shall nevertheless continue unhindered in all this, and shall give a clear account of all their expenditures, revenues, and other actions at the next Imperial Diet of the princes, princes, and estates of the empire.

(18) In this matter, too, it has been unanimously considered and deemed good, if, due to some hindrance, things turn out in such a way that the Turk will not march or attack Hungary, but Poland, Saxony or Brandenburg, then the Electors of Saxony and Brandenburg shall, for the sake of urgent help, require the other four princes, namely Austria, both Dukes of Bavaria, and Augsburg, also the four in the regiment, ordered according to the farewell at Speier and Esslingen, to go to Regensburg. If, however, the Turk were to march on Austria or Bavaria, Austria, Bavaria and Augsburg shall also require the Electors of Saxony and Brandenburg, together with the members of the regiment, to march on Augsburg, and the six Electors and Princes, and four appointed regimental councillors, shall thus have the power to accept competent captains, and to attack and use the money, as reported, solely to resist the Turk where it will be most necessary.

The above-mentioned Electors, Princes and four Regimental Councils shall also have the power, if the greatest need and urgency requires it, to extend such urgent assistance for six months to three, four or five months, depending on the occasion and the nature of the matter, and thus to turn the sum of the above-mentioned request into more or less troops, on horseback and on foot.

For this purpose, the above-mentioned princes and rulers are to send and place themselves in brave armor and readiness, so that one part may come to the rescue and aid of the other and be able to shoot.

21 And the deposit of the money, now touched and granted, on horseback and on foot, which is due to each estate, in consideration of the great urgency and necessity, on St. Jacob's Day [July 25] next coming, to Augsburg, Nuremberg or Frankfurt, 15 Batzen, 60 Kreuzer, 21 Meissen Groschen, and 26 Albus for the Gulden shall be deposited, and against the disobedient shall be strictly proceeded and acted upon by the Fiscal.

22. And because the two-fourths of the twenty thousand on foot, which are deposited in four places, namely Strasbourg, Nuremberg, Augsburg and Frankfurt, and the necessity of the things requires that the same be brought all together to one place, situated for the war trade: We all unanimously agree and resolve that the two-fourths of the money, as well as that which is deposited by means of the above-mentioned stop, shall be most conveniently delivered to two places, namely Augsburg and Regensburg, by suitable means and ways, by the collectors of the above-mentioned three places.

23. And after the imperial treasurer had reported many estates that had not yet paid the two-fourths of the granted Rome tax, nor part of the one-and-a-half-fourths that had been used in Hungary before, his various requests and proceedings against them were held before the imperial court; And in the Worms Decree, among other things, it is declared that no one is to be exempted from the same horse and foot charges laid according to the Worms Decree, and that for this reason no one is to apply to the Imperial Majesty or be processed, and that no one is to be spared the confiscation of the same, that the imperial treasurer shall bring in all the deficiencies, which are everywhere and also the two fourths, together with the whole of the granted Rome campaign, which is now ordered to the Turk's Help, as reported above, and that the court of appeals shall assist him in this.

24 And although at the other Imperial Diet held at Nuremberg a special article was set forth in the agreement that princes, rulers and estates shall not consent to the remaining part of the twenty thousand on foot and four thousand on horseback that are to be sent, nor shall they give anything for this purpose, unless such proposals are reduced and appropriate according to each state's opportunity and fortune etc. However, since this is a necessary, mild and Christian

The work, for which everyone should also be willing to help and advise with his own disadvantage, and where some wrestling should now be carried out and happen, that this would give rise to a great lengthening and delay of this undertaking, as well as a noticeable disruption and wrestling of the plan and help. In addition, the decree at Worms clearly states, for the sake of the aid granted, that no wrestling shall be done in any way by anyone. Accordingly, so much has been said and done with those who complain about the proposals and have therefore supplicated, for the reasons indicated, that they alone want to be patient this time for the promotion of such good work, but that in future proposals due consideration will be given to them.

If it should prove impossible to use such urgent aid against the Turks, it is considered good that the same money should nevertheless be collected with the utmost diligence and kept together in a safe place until the future Diet.

26. Furthermore, we, as well as princes, prelates, counts, and estates, have judged the article of persistent resistance against the Turk to be of the highest order, so that in our opinion not only the high, unavoidable necessity requires and demands that we act against the Turk with urgent help, but also that, with timely counsel, ways be found by which the Turk may be driven by force behind him again, and that that which he had brought under his control some years ago may again be conquered, and that common Christendom may at last be restored to peace and tranquility on account of its hereditary enemy. Accordingly, we have taken before our hands the counsels and agreements made before the Imperial Diet held for the sake of such persistent help, as well as the writings that the six princes and twelve princes made to Imperial Majesty at the Imperial Diet in Esslingen, They have inspected and considered them, and have found that the time has been most carefully considered when such a persistent move against the Turks should be made, and that it is first of all necessary to have a certain peace in the Holy Empire. That also the warlike quarrels, which have arisen between some Christian chiefs and potentates, may first be brought to peace, or at least to decency. Because such brave action would not only be in the hands of the princes, princes and the German nation, but also in consideration of the Turk's power and authority, other Christian leaders and potentates, who concern this matter no less than the German nation, would receive help and support.

In this regard, assistance will also be necessary, as the governors and regimental councils, as well as the twelve princes and princes, have indicated and reminded Imperial Majesty of all this in the above-mentioned document, which was issued at Esslingen, with a humble request that Her Majesty, as the head of the empire, act in the most beneficial way for her hereditary kingdoms and lands, as well as for all potentates, and that they be induced to act in a persistent manner against the Turks, in addition to Her Majesty and the empire, to her hereditary kingdoms and lands, as well as to all potentates, to act in the most beneficial way, and to move them so that the latter, in addition to her Majesty and the Empire, will provide persistent aid and assistance against the Turks, as is just and they are obliged to do out of Christian love. Since, however, the above-mentioned causes have not yet been accepted and the Turk's power has increased and strengthened, nothing conclusive has been done about it here, but princes, princes and estates have indicated such a cause to Imperial Majesty in writings, with the most humble request that they alone appear with the most gracious help and advice.

27 Furthermore, as previously ordered at other imperial congresses, the imperial government is to consider and deliberate on proper means and ways for a permanent maintenance of the regiment and the court of review; which has been done, and seven different points and articles have therefore been handed down by the governor and the regiment. However, we, as well as princes, prelates, counts and estates, after diligent, brave and necessary advice and consideration of these articles, found that the court, which is partly due to movable causes, as was also considered at previous imperial diets, is highly burdensome, and also partly due to the fact that the court has been held in the past, and in part extensive, so that this time may not be fruitfully acted upon and deliberated by one or more, and the Imperial Regiment and Court of Appeal have therefore undertaken to preserve peace and justice in the Holy Roman Empire. Accordingly, and for the subservient favor of the Roman Imperial Majesty, and for the honor and good of the Holy Empire, and for the maintenance of peace and justice in the Empire, it is hereby granted that the Regiment and Court of Appeal shall be maintained for two more years, approximately at half the rate, as hereinbefore provided, and that the first year shall begin on the first day of the next month of May, and that half the payment of the same year shall be made at the next Frankfurt Autumn Fair, and the other half at the following Lenten Fair. The payment shall be made in the same manner in the following year, and shall be deposited at any time in the place and at the place designated and indicated beforehand. And nevertheless, in the meantime, such two years shall be considered in other convenient ways, as the

The maintenance of the Regiment and the Court of Appeal should be carried out by the Estates without complaint.

28. And after an article had been written in the farewell of the next Imperial Diet held here, stating that the Imperial Regiment and Court of Appeal should have been visited and reformed, and that this had no progress for several reasons, and that we, as well as the Princes, Princes and Estates, subsequently judged and found that due inquisition, visitation and reformation of the same Regiment and Court of Appeal was necessary: We have united and agreed that we, Ferdinand, King of Hungary and Bohemia, Governor etc., and the imperial orators and commissaries, instead of and on account of imperial majesty, also our hosts, lords and friends, Mr. Albrecht, Cardinal and Archbishop of Mainz and Magdeburg etc., Mr. Ludwig, Count Palatine on the Rhine, Duke in Bavaria 2c, both Electors, our each a Council; and Mr. George, Bishop of Speier, and Mr. Hans, Duke in Bavaria, cousins, both Palatines etc., of their own persons; our friend, Mr. William, Bishop of Strasbourg, Landgrave in Alsace, and Philip, Margrave of Baden etc., also decree each a council for such inquisition, visitation and reformation, all of whom will certainly appear here at Speier on the first day of June, and will have complete authority and command from us, the imperial governors and commissaries, also princes, princes and estates, which we also give them here with this farewell, Both the Regiment and the Court of Appeal, with the utmost diligence and necessity, have been given a mandate by us to inspect, visit, and reform to the best and most diligent of their ability, in terms of persons and other deficiencies and defects, and to put them in a good and useful order. But whoever among them refuses and resists such inquisition, visitation and reformation, or is otherwise found or considered unfit by them, to remove him or her, and to write to the electors and princes, as well as counties, from which such removed persons would be taken, and to request that other suitable persons be presented in due time in the place of the same removed persons.

29 The governor and the regimental councilors shall also appoint a number of skilful and reasonable persons from the regiment and the Court of Appeal and order them to draw up the rules of the Court of Appeal from all the decrees, to omit what is superfluous, and to put in order, draw up and rubricate in its place what has been improved. And when this has been done, then to the

Cardinal and Archbishop of Mainz, Electors, as the Archchancellor, to inspect and measure the same, and by the same order to have it printed and published in the Empire, so that everyone may receive the knowledge.

30 It is also considered good and decided, for highly mobile and brave reasons, and especially in view of the present time and events, that the Imperial Regiment and Court of Appeal shall remain here at Speier for the above-mentioned two years.

31. Item, as hitherto doubted by the jurists, whether a deceased brother's or sister's children should divide the inheritance of their father or mother's brother or sister among themselves into the heads or tribes: and therefore in such doubt among the subjects of the Holy Roman Empire many disputes, repugnance and justifications may arise, to their subjects' not inconsiderable disadvantage and harm, and therefore the Roman Imperial Majesty, for the common good, has prevented such disputes for future justification and resulting displeasure, with our, the Holy Roman Empire's, Electors, Princes and Estates' timely, preceding council, set and ordered: If one dies intestate, and leaves no brother or sister after him, but his brother's or sister's children in unequal numbers, that then the latter's brother's or sister's children shall inherit into the heads, and not into the tribes, and shall so succeed to the deceased of their father or mother's brother or sister, and be admitted. And in order that further confusion and judicial quarrels may be cut off as far as possible, and that equality may be maintained in this respect throughout the Holy Roman Empire and among its members and subjects, Their Imperial Majesties have thus passed, abolished and repealed all and every statute, special charter, custom, usage, ancient usage and liberties, which in some places were found to be contrary to Their Imperial Charter, only in the above-mentioned case; but with the following moderation, namely: If in some places in the Holy Empire there has been a special statute, order or custom that in the above case the deceased's inheritance shall be divided into the tribes and not into the heads, by virtue of the statute, order or custom now in question, and in the same place an inheritance is now to fall, or between [and] the first day of the month of August, coming at the earliest, omitting the same day, shall fall by someone's death, the inheritance shall, after the expulsion of the same, be divided into the tribes, and not into the heads.

In such a case only, and between the first day of August now mentioned, without hindrance of such an order of Her Imperial Majesty, the inheritance shall be divided according to the statutes, order or custom. If, however, a case of inheritance in places and ends, where no special statute, freedom, order or custom now applies, has not yet been adjudicated in the first and second or third instance, or the division has not yet occurred, or has occurred between then and the first day of August, or will occur thereafter, the distribution and adjudication of the same case shall be governed by the above-mentioned imperial statute etc. That therefore we, also Princes, Princes, Prelates, Counts and Estates unanimously united and agreed to live, comply with, keep and execute this Imperial Constitution and Statute in all its contents; also to proclaim and make known the same to all our subjects before the first day of August, according to Her Majesty's command, so that everyone may know how to act and keep to it.

Item 32: When the imperial government, by virtue of an article in the proceedings of the Imperial Diet held at Worms, inspected the punitive court order, as it had been given a form by the times, and now handed it down to us, we have considered that this matter and order affects the honor, life and property of the people, We have judged and considered that this matter and order affects human honor, life, limb and property, and requires great, brave and important counsel, and especially because the articles are many, item, the customs and traditions in many places unequal, and that it should be a perpetual permanent constitution and statute, and therefore not to be hurried, but to be carried out with good forethought, sufficient experience and timely counsel: Accordingly, we, also the Electors, Princes and Estates, have deemed it necessary that each estate take a copy of the same letter, which will be inspected and assessed according to necessity, and that each of the six districts, from Our Lady's Day of Purification [Feb. 2], will take a copy as soon as possible.February], shall send two skilled, learned, understanding and experienced persons with their advice and discretion to Speier to the imperial government and order them all to submit to and compare with the government such court order, according to opportunity, and to publicize it later.

33 And after the imperial government has made a council on the order here before at Esslingen for the sake of the coinage, and has now presented the same council to us here. However, since such a council is part of every stand

Since the necessity requires good consideration, we, as well as princes, lords and estates, have agreed that each of us should take a copy of the same advice, consider its necessity, and each estate that has to coin should order its mintmaster or other coin experts on St. Jacob's Day to the imperial regiment in Speier to act and advise on the settlement of a permanent coin in the holy realm. And so that this action may be the more fruitful and stately, princes, counts and others who have gold and silver shall first of all, in the meantime, subject themselves to a permanent gold or silver purchase for the sake of settlement, and from such appointed day shall dispatch their envoys with full authority, to unite with the aforementioned imperial government and the other envoys for the same gold and silver purchase, so that for at least several years a uniform, constant, correct and true coinage may be established and maintained in the realm.

34 After the monopolies and large companies, a selfish and unpleasant action is forbidden in the common imperial laws with high penalties and punishments, the imperial fiscal shall proceed and act seriously against the same, as is due in law, so that such is stopped and the common benefit is promoted.

And when, in the parting of the recently held Imperial Diet here at Speier, an article was placed to the effect that, by the order then made on behalf of the subjects, nothing shall be taken away from or broken off the treaties and orders made by the Swabian Confederation on account of the Bavarian outrage, etc.., is once again our unanimous resolution, will and opinion that the same article, made for the sake of the subjects in the affected parting, shall be unbreakable for the treaties and orders made by the Swabian Confederation for the sake of the Bavarian outrage, and that no court shall act against the same confederation treaties.

Item, after Doctor Batt Weidmann, Hans Melchior, and Hans Heinrich von Morsheim, brothers; Anna von Hagen, Doctor Reinhard Tiels, about kaiserl. Fiscals, abandoned widow; Count Bernhards von Eberstein son, Count Christoffel von Tengen, Doctor Jakobs von Landsburg, Doctor Johann von Dockheim, called Fries; Augustin Lösch, Sebastian Schilling, Doctor; Caspar Mar, imperial Fiscal, and Master Hans Leser, for some outstanding pay, touching from the chamber court, requested, and for Entrich-.

We have asked for the payment of the same. If we now deem it fair that each one pays his due wages, but at this time there is nothing available to satisfy them: therefore we have directed them to the old back-digit Chamber Court notices for their payment, and thereupon it is our opinion and order that the Imperial Fiscal shall proceed and act conducively for obtaining and issuing such old back-digit notices, for which purpose the Chamber Court shall also assist him. And what he thus produces shall be paid to the plaintiffs concerned by the collector for the payment of their debt.

37. Item: When in the beginning of this Imperial Diet some princes, prelates and other estates made a mistake in the session and survey, which led to a prolongation of the Empire's actions and affairs, therefore princes, princes and estates, at our friendly request of the governor and commissaries, kept their session and survey of the Imperial Diet in a sociable manner, We, on account of the Imperial Majesty, wish that each of the Electors, Princes, Prelates and Estates shall not be prejudiced, harmed or violated in any way in their customary use and justice by such a survey and session held at the Imperial Diet that is not dangerous, nor by the subscription that is made at the end of this parting.

Imperial Constitution and Statute, how brother or sister children of their father's brother or sister shall divide abandoned inheritance among themselves.

1. we Carl the Fifth by the Grace of God, elected Roman Emperor, at all times Major of the Empire, in Germania, Hispania, both Sicily, Jerusalem, Hungary, Dalmatia, Croatia etc. King, Archduke of Austria, Duke of Burgundy etc., Count of Habsburg, Flanders and Tyrol etc., to all and any princes, princes, ecclesiastical and secular, prelates, counts, freemen, lords, knights, servants, captains, governors, stewards, administrators, bailiffs, mayors, judges, courts, councils, citizens, municipalities, and otherwise to all other of our and the empire's subjects and faithful, in what dignities, status or being they are: As it has hitherto been in doubt among legal scholars whether a deceased brother's or sister's children should divide the inheritance left to them by their father's or mother's brother or sister into chiefs or tribes, and therefore in such doubt among our and the Holy Roman Empire's subjects and faithful, it is necessary to know whether the inheritance left to them by their father's or mother's brother or sister should be divided among them into chiefs or tribes.

The Roman Emperor has seen to it that we, as the Roman Emperor, have the common good to prevent such quarrels, future justifications, and the resulting mischief: That we, as Roman Emperor, for the common good, have graciously seen to prevent such quarrels, future justification, and resulting mischief, and with our and the Holy Roman Empire's Princes, Princes, and Estates' timely, preceding counsel have established and ordered it, as we also by Roman imperial power hereby knowingly order and establish in the above-mentioned case, thus: If one dies intestate, and leaves no brother or sister after him, but his brother's or sister's children in unequal numbers, that then these same brother's or sister's children shall inherit into the heads, and not into the tribes, and shall be allowed to succeed the deceased of their father's or mother's brother or sister in such manner. And so that further confusion and judicial quarrels may, as far as possible, be cut off, and equality in this respect be maintained throughout the Holy Roman Empire and among its members and subjects: We hereby, out of our imperial authority and right knowledge, want to pass and abolish all and every statute, special statute, custom, usage, old conventions and liberties, which in some places have been found contrary to our imperial statute, only in the above mentioned case, which we also hereby pass, abolish and abolish, but with the following moderation: namely, whether in some place in the Holy Roman Empire there has been a special statute, order or custom that in the above case of the deceased's inheritance, and by virtue of the statute, order or custom now mentioned, it should be divided into the tribes and not into the heads, and in the same place an inheritance would now come to fall, or between now and the first day of the month of August, excluding the same day, by someone's death would come to fall, the inheritance shall be divided according to the same special statutes, order or custom, only in such case, and between the now named first day of August without hindrance of this our order. If, however, a case of inheritance in places and ends where no special statute, freedom, order or custom now applies, has not yet been judged in the first and second or third instance, 1) or the division has not yet taken place, or has fallen between then and the first day of August, or has lapsed thereafter,

1) "geurtheilt" set by us, according to § 31 of the Reichsabschied, instead of: "getheilt".

the judgment and decision of the same case shall be governed by this imperial charter.

2. So that no one may be excused for ignorance of our imperial statutes in decisions, judgments or otherwise: We herewith earnestly command the above-mentioned Electors, Princes, Prelates, Counts, Lords, Estates and all other subjects of our and the Empire's ecclesiastical and secular state, who have from us and the Empire, or in the Empire, some authority and subjects in fief or property, to observe this Imperial Charter of ours, between now and the above-mentioned 1st day of August. The same shall also apply to the public proclamation of the same to all of their subjects, dependents, subjects or subjects, and whether or not any authority shall fail in the publication and public proclamation of the same between the 1st day of August and the 1st day of August, or shall omit to do so between the 1st day of August and the 1st day of August thereafter, that nevertheless, on the above-mentioned first day of August, and thereafter, this imperial charter of ours will be considered publicized, opened and promulgated by all men, and will also be faithfully observed by all men, will be judged according to it, and will be complied with everywhere without any hindrance. To this you do our earnest opinion. Given in our and the Holy Roman Empire's city of Speier, on the 23rd day of April, after the birth of Christ in 1529, of our Roman Empire in its 10th year and of all the others in their 13th year.

Constitution or Mandate against the Anabaptists.

We Carl the Fifth by the Grace of God, elected Roman Emperor, at all times Major of the Empire, in Germania, Hispania, both Sicily, Jerusalem, Hungary, Dalmatia, Croatia etc. King, Archduke of Austria, Duke of Burgundy etc., Count of Habsburg, Flanders and Tyrol etc., do to all and any princes, princes, ecclesiastical and secular, prelates, counts, freemen, lords, knights, servants, captains, bailiffs, governors, stewards, bailiffs, mayors, judges, courts, councils, citizens, municipalities, and otherwise to all other of our and the realm's subjects and faithful, in whatever dignity, state or being they may be, our friendship, grace and all good.

1. high and venerable, highborn, dear friends, nephews, grandfathers, princes, wellborn, noble, honorable, devout and dear faithful! Although it is ordained and provided by common law that no one who has once been

The first time that a person who has been baptized in the first order is to be baptized again or for the second time, nor is he to baptize some of them, and especially in imperial laws, to do so is forbidden under penalty of death. Therefore, at the beginning of the next twenty-eighth year of the lesser number, we, as Roman Emperor, supreme bailiff and protector of our holy Christian faith, by our open mandate, earnestly command all of you, together and especially, to protect your subjects, relatives and dependents from the same insanity and sect of rebaptism that has recently arisen, and their unwilling, seductive and seditious followers, by your commandment, and otherwise in the pulpits by Christian, learned preachers, faithfully and earnestly to remind, admonish, reject and warn them also of the penalty of right in such a case, and especially of the great punishment of God which they have to expect. And against those who are thus found to be in such vice and error of resurrection, to proceed with punishment and penance of the law, as is due against each one according to his fault, and therefore not to be tardy, so that such evil may be punished, and other mischief and continuation, which otherwise arise from it, may occur and be prevented: We find daily, however, that, above the common law, even our past mandate, such an old, condemned and forbidden sect of rebaptism, condemned many hundred years ago, is breaking in and getting out of hand the longer and the more troublesome it becomes. To prevent such evil and what may follow from it, to preserve peace and unity in the Holy Empire, and also to abolish all disputation and doubt that might follow the punishment of rebaptism: We therefore decree, decree, declare, and declare the foregoing imperial laws, as well as our above-mentioned mandate which followed and was proclaimed thereupon; we therefore order, decree, and declare by imperial authority and right knowledge that all and every rebaptized and re-baptized persons, male and female, of reasonable age, shall be judged and put to death by fire, sword, or the like, according to the occasion of the persons, without preceding the ecclesiastical judges' inquisition. And the same preachers, captains, countrymen and seditious agitators of the touched vice of rebirth, also those who persist in it, and those who fall down the other time, shall by no means be pardoned in this, but shall be dealt with seriously with the punishment against them, by virtue of this our constitution and statute.

2. which persons, however, have made their error their own

1) immediately confess the same, are willing to accept repentance and punishment for it, and would ask for mercy, they may be pardoned by their authorities, according to their status, nature, youth, and all circumstances. We also want everyone to have his children baptized in youth, according to Christian order, custom and usage. But those who despise this, and would not do so, as if infant baptism were nothing, shall, if they insist on it, be considered an Anabaptist, and shall be subject to our Constitution. And none of those who are pardoned for the above-mentioned reasons shall be relegated and expelled to other places, but shall be entrapped and bound to remain under his authority, which shall then have diligent supervision so that they do not fall away again.

(3) Likewise, no one shall contain, subdue, or expel another subject or relative who has departed from his authority and has departed from it for reasons for which he has been notified, (2) but as soon as the authority under which the departed person is contained becomes aware of such transfer, he shall take strict action against him who has thus departed, in accordance with the above-mentioned statutes of ours, and shall not suffer or tolerate him to do so, all with a penalty of eight. Hereupon we also command all and every one in particular, of what dignity, standing or nature each is, by the duties and oaths, so that you may be devoted and related to us and to the holy kingdom, to avoid also our heavy disfavor and punishment, and want that all of you, and each of you in particular, keep such our constitution and statute of reconstitution strictly, firmly in all pieces and points, judge on it, act on it, and execute it carelessly; You will also show such obedience in this as you are obliged to do, and the necessity of the matter requires for itself; we will therefore provide for this without doubt, and you will also do our part in this. Given in our and the Holy Roman Empire's city of Speier, on the 23rd day of April, after the birth of Christ, 1529.

4 We, Ferdinand, King of Hungary and Bohemia, 2c, Imperial Majesty's Governor, and we the appointed commissioners, do therefore speak and promise, by virtue of our authority,

1) In Walch: "or Untermahnen"; improved by us according to s 6 of the Reichsabschied.

2) Walch: "to push away"; in § 7 of the farewell: to advance - to advance.

On account of the Roman Imperial Majesty etc. to keep and execute everything and anything that is written above and may affect the Imperial Majesty steadfastly, firmly, unbreakably and sincerely, to comply with it strictly and without refusal and to live it, not to do anything against it, to carry it out, to act or to let it go out, nor to allow anyone else to do anything for our sake, but all danger. In witness whereof we Ferdinand, supra, have affixed our seal to this farewell for ourselves and our fellow commissioners in mind.

5. And we Electors, Princes, Prelates, Counts and Lords, also of the Electors, Princes, Prelates, Counts and of the Holy Roman Empire Free and Imperial Cities sent embassies and rulers, hereafter named, publicly confess with this farewell that all and each of the above written points and articles have been made and decided with our good knowledge, will and counsel, also approve the same all together and especially herewith and in force of this letter; We promise and agree in right, good, true faith, which, as far as each of us is or may be concerned with his sovereignty or friend, by whom he is sent or who is under his command, we shall keep and perform truly, steadfastly, firmly, sincerely and unbreakably, and to the best of our ability comply with and live up to them, without any danger.

And these are the following written, we, the electors, princes, prelates, counts, lords and of the holy empire free and imperial cities embassies and rulers. By the Grace of God, we Albrecht, Priest-Cardinal of the Holy Roman Church, Archbishop of Mainz, Archbishop of Magdeburg, Administrator of Halberstadt etc., Hermann of Cologne, Archbishop, Duke of Engern and Westphalia, Archchancellor through Italy. Reichard zu Trier, Archbishop, through Gaul and the Kingdom of Arelat of the Holy Roman Empire Archchancellor. Ludwig, Count Palatine of the Rhine, Duke of Bavaria, Archchancellor of the Holy Roman Empire; all four Electors. On behalf of Margrave Joachim, Archchancellor, Melchior Barfuß, Commenthur zu Schwarz, and Balthasar Bück. On behalf of the House of Austria, Georg Truchsess, Baron of Walpurg.

7. ecclesiastical princes who appeared in person: By the Grace of God, Matthew, Cardinal of the Holy Roman Church, Archbishop of Salzburg, Legate of the See of Rome. Walther von Cronberg, Administrator of the High Master's Office in Prussia, Master of the German Order in German and French lands. Weigand, Bishop of Bamberg. Conrad, Bishop of Würzburg, Duke of Franconia. Heinrich, Coadjutor of Worms and Ulrich, Count Palatine. George, Bishop of Speier, Count Palatine.

graph etc. Wilhelm, Bishop of Strasbourg, Landgrave of Alsace. Paul, Bishop of Chur. Christoff, Bishop of Augsburg. Bernhard, Bishop of Trent. John, coadjutor of Fulda. Crafft, Abbot of Hirschfeld. Messages of the ecclesiastical princes: on behalf of the archbishoprics and monasteries: The Archbishop of Bremen, Henry the Younger, Duke of Brunswick and Lüneburg. The Archbishop of Bisantz, Bertrandis de Brunis. The Archbishop of Riga, Doctor Matthias Unverfordt. Also on behalf of the bishops of Tarbat [Dorpat], Oesel, Curland and Reval. The bishop of Eistett, Wilhelm von Seckendorf, canon there. Constance, Johann Fabri, Doctor. The postulant at Hildesheim, Johann Fabri, Doctor. Freisingen, Matthäus Luchsen, Doctor, Chancellor. Osnabrück, Albrecht, Count and Lord of Mansfeld, and Ludwig Hirter, Doctor. Of the elected and confirmed of the churches at Münster, Doctor Bernhard von Hagen. Doctor Johann Gropper, Bartholomäus von der Leyhen, Cologne Chancellor, Siegler and Hofmeister and Substituirter Hieronymus Angkorn, Doctor, Canon of Cologne. The Administrator of Regensburg, Count Palatine 2c, Doctor Augustin Ross, Chancellor. Of the Administrator of Passau, Doctor Stephan Rößlin, Canon there. The Bishop of Basel, Cornelius von Lichtenfels, schoolmaster, Doctor Johann Fabri, Heinrich von Fleckenstein; all three canons there. Liège, Rupertus Banignister, D. Brixen, Johann Fabri, D. Ratzenburg, Clemens Groß, canon there.

8. secular princes who have appeared in person: By the Grace of God, we Frederick, Duke in Bavaria, Count Palatine on the Rhine, William and Ludwig, Counts Palatine on the Rhine, Dukes in Upper and Lower Bavaria. Otto Heinrich, Duke in Lower and Upper Bavaria, Count Palatine. Erich, Duke of Brunswick. Henry the Younger, Duke of Brunswick, Philips, Margrave of Baden, Count of Spanheim. George, Duke of Stettin, Pomerania, Cassuben and Wenden, Prince of Rügen, and Count of Gutzgaw. Secular princes' embassies: of Johann, Count Palatine of the Rhine, Duke of Bavaria, and Count of Spanheim, Albrecht Than, O. Ludwigen, Count Palatine of the Rhine, Duke of Bavaria, and Count of Veldentz, Wilhelm Seßler, Doctor. Johansen, Dukes of Cleve, Jülich and Berg, Meirich von Thun, Count of Lümburg and Falckenstein, and Johann von Dockheim, called Frieß, Doctor. Albrechten, Duke of Mecklenburg, Friedrich Reifstock, Doctor. Of the Duchy of Würtenberg, Doctor Batt Weidmann. Ernsten, Margraves of Baden and Hochberg, Landgraves of Susenberg etc., Margrave Philip of Baden. Albrechten, Dukes of

Mecklenburg, Princes of Wenden, Counts of Schwerin, Rostock and Stargard, Batto von Adeleuesen. Wilhelm, Counts and Lords of Hennenberg, Doctor Peters von Gondelsheim, Court Master. Hermann, Counts and Lords of Hennenberg, his son Bechthold, also Count and Lord of Hennenberg.

9 Prelates who appeared in person are: Gerwig, Abbot of Weingarten. Rüdiger, Abbot of Weißenburg. The prelates' messages: Heinrichs, Abbot of Sanct Cornelien Münster, Conrad Schwabach. The Abbot of Reichenau, Johann Fabri, and Petrus Speiser. Of the church Rotenmünster, Conrad Mock, Wilhelm von Manderschied. The Abbot of Brune and Stauel, Heinrich Lewensau and Jakob Krel. The Abbot of Rockenburg, Bernhard Besserer and Daniel Schleicher. The Abbot of Petershausen, Caspar Dornsperger. On account of the subsequently named abbots, namely Johann Sebastian von Kempten. Rudolfen of Fridingen, Conraden of Kreisheim, Amanden of Salmansweiler, Hieronymus of Elchingen, Andreas of Ochsenhausen, Peters of Ursin, Johannsen of Rod, Jakoben of Mindernau, Johannsen of Schussenried, Heinrich of Marckthal, Gerwig, Abbot of Weingarten, and Doctor Johann König of Tübingen. The Abbot of Sanct Heimeran at Regensburg, Augustin Roß and Conrad Schwabach. The abbot of the church of Sanct Lutgers at Werden, Meirich von Thun and Johann Gogreve. The Abbot of Murpach, Johann Fabri and Peter Speiser. The Abbot of Bechtolsgaden, Simon Reibeisen. Of the abbesses: the abbess of Essen, Caspar Westhausen and Bernhard Schol. Aebtissin zu Obern Münster zu Regensburg, Conrad Schwabach and Heinrich Lewensau. Aebtissin zu Gernrod, Michel Hard. Aebtissin zu Niedern Münster zu Regensburg, Augustin Roß and Conrad Schwabach. Aebtissin zu Unser Lieben Frauen zu Lindau, Peter Speiser. Aebtissin zu Buchau, Gangolf zu Geroldseck.

10. counts in person: Count Bernhard von Solms, Carl, Wolfgang and Ludwig, Counts of Oettingen. Dietrich, Count of Manderschied; Günther, Count of Schwarzburg; Albrecht, Georg and Wolf, Counts of Hohenlohe. Hoyer, Count of Mansfeld; Philipps, Count of Hanau. Adam von Wolffstein. Gangolf zu Hohen Geroldseck. The counts' embassies: Wilhelms, Counts of Nassau. Philipps, Counts of Hanau. Johann and Antoni of Eisenburg. Eberhard, Counts of Königstein. Philipsen, Counts of Solms. Batten, Counts of Stollberg. Kunen, Counts of Leiningen. Philipsen, Counts of Saarbrücken. Philipsen, Counts of Wiesbaden, has command Count Bernhard of Solms. Johann, Counts of Wied, Count Dietrich of Manderschied, Johann, Count of

Sein, Dietrich von Stein. Jost, Counts of Holstein, Johann Machtzol; Reinharden, Counts of Bitsch, Jakob von Landsperg. Hansen and Heinrichen, Counts of Schwarzburg; Günther, Count of Schwarzburg; Martin, Counts of Oettingen; Count Carol, Wolfgang and Ludwig of Oettingen. Reinhard and Georgen, Counts of Zweibrücken; Wolfgang zu Geroldseck, Ulrich and Julius, Counts of Hardeck. N. Hereditary Archbishop in Austria. Georgen von Schauenberg, Count Hans von Schauenberg, his son. Ernsten, Counts of Mansfeld. Josten, Ulrichen and Bernharden, brothers, Counts of Rheinstein. Wilhelm, Counts of Eberstein. Christoffen and Felixen, Counts of Wartenburg. Ulrichen, Counts of Helfenstein; Friedrichen, Counts of Fürstenberg. Hansen den Aeltern, Wölfen, Hansen den Jüngern, and Hugen, Counts zu Montfort. Georgen and Christoffen, Counts of Lüpfen. Johann, Gottfrieden and Wernern, Barons of Zimbern. Wilhelm and Georg, Barons of Walpurg, Schwickarden and Sindelfingen, Hans and Marquard of Rinseck, on account of his father Hansen, and his cousin Ninsis of Rinseck. Gangolf of Geroldseck. Johansen, Counts of Oldenburg, Ewald Baumbach; Enno, Counts of East Frisia, Johann Hormann. Albrechten, Hansen, Gottfrieden and Bernharden von Wolfstein, Adam von Wolfstein. All the Lords of Blawen, Heinrich Reuß of Blawen. Wilhelm von Rappelstein, Ulrich zu Rappelstein.

From the free and imperial cities: Cologne, Johann von Neid, Peter Bellingshausen, Arnold von Siegen. Augsburg, Matthäus Langenmantel and Johann Hock. According to, Leonhard von Edelband and Peter von Juden. Eßlingen, N. Holderman. Metz, Johann von Nibrücken and Gerhard Danner. Rothenburg on the Tauber, Bonifacius Wernitzer. Worms, Peter Krapff and Johann Glantz, town clerk. Swabian Hall, Antonius Hofmeister. Frankfurt, Philipps Fürstenberger. Ueberlingen, Caspar Dornsperger, Hagenau and Colmar, Bartholomäus Botzen and Hieronymus Boner. Also on account of the towns of the bailiwick, Schlettstatt, Kaisersberg, Münster, Obern Eheim, Weißenburg am Elsaß, Landau, Roßheim and Türckheim. Rotweil, Conrad Mock; Goslar, Christian Balder. Schwäbischen-Gemünd, Michel Rup. Nordhausen, Michel Meienburg. Ravensburg, Johann Krüglin. Wetzlar, Peter von Entzenberg, Thomas von Sandweil and Stephan Weig. Dortmünd, Dietrich, Count of Manderschied. Offenburg, Johann Gustenhofer, town clerk. Regensburg. Ambrosius Aman and Johann Humel. Leutkirch, Johann Fabri. Friedberg in the Wetterau, Johann Dürplatz, Schweinfurt, Johann

Lortzen. Wimpfen, Peter Berlin. Älen, Hans Decker. Bopfingen, Johann Deubler and Egidius Brommeisen. Kaufbeuern, Hans Ruff. Wangen, Jakob Schnitzer.

In witness whereof we have Albrecht, Archbishop of Mainz etc., Ludwig, Count Palatine on the Rhine, both Electors, by reason of our fellow Electors. We Matthew, Archbishop of Salzburg. Weigand, Bishop of Bamberg. Ludwig, Count Palatine on the Rhine. Henry the Younger, Duke of Brunswick, on account of us and the ecclesiastical princes. Gerwig, Abbot of Weingarten, for our sake and that of the prelates. We Bernhard, Count of Solms, and Gangolf of Hohen Geroldseck, for our sake and for the sake of both of them. And we, mayor and council of the city of Speier, for our sake and for the sake of the free and imperial cities, this assembly, affix our seal to this farewell. Given and done in the Holy Roman Empire city of Speier, on the 22nd day of April, after the birth of Christ 1529. year.

819: Luther's and Melanchthon's concern about Speier's farewell, drawn up on the prince's orders.

From Müller's "History of the Protestant Estates Protestation etc. Wider den Reichs-Abschied zu Speier", lib. I, cup. 4, s 15, r>. 47, printed in the Leipzig Collection, vol. XXII, p. 24.

First of all, it must be stated how great abuses of the clergy have been, as the Imperial Majesty himself well knows, and against which the Estates of the Empire complained at Worms, and His Majesty promised to abolish them; as Pope Adrian VI himself announced through his "Orator" at Nuremberg that all this evil had come from the abuses of the clergy, and promised to help change them.

(2) But since such abuses were so unpleasantly many and great, and were not changed by those who should do it justly, they began to fall from themselves everywhere in German lands, and the clergy to be despised for it; but when the unskilful scribes wanted to defend and maintain such abuses in addition, and yet could not muster anything righteous, they made it worse that the clergy were everywhere considered unlearned, incompetent, even harmful.

People held, and their thing and defense mocked.

3. Such falling away and decline of the abuses was already the several part in the pregnancy, before Luther's teaching came; For all the world was tired of and hostile to the clerical abuses, so that it was to be feared that if Luther's teaching had not come to teach the people about the faith of Christ and the obedience of the authorities, a miserable ruin would have arisen in the German land, for people no longer wanted to suffer the abuses and wanted to have a change immediately; so the clergy did not want to give way or let up, so that there would have been no resistance. It would have been a disorderly, stormy, dangerous mutation or change (as Muenzer also started it), if a consistent teaching had not come in between, and without doubt the whole religion would have fallen and the Christians would have become pure Epicureans.

4 Because such a change came about by force, which no one could resist, and the clergy stubbornly insisted on it and did not want to let up, my most gracious lord nevertheless did so much that he could not nor did he know how to preserve the abuses, and had to suffer, as well as the clergy themselves, that they were despised and fell to the point that his C. F. Gn. did not allow any unchristian doctrine to be torn down. For this his C. F. Gn. with a good conscience and with truth, that the cause and guilt of the fallen abuses and despised clergy on earth is no one but the clergy themselves, who, although they knew well that the estates of the empire at Worms complained about it and no longer wanted to suffer, nevertheless they defended them with outrage and violence, by much tyranny and clumsy scribes, so that they made the people's displeasure all the greater, and themselves sought their own misfortune; This is certainly true, and all Germany knows that it is so.

5 In such a desolate, wild state and fall of abuses, my most gracious lord has let happen and fall what fell there, and let it be kept for future improvement in H. F. G.'s country, which he meanwhile loves for Christian, as much as he always could, and because H. F. Gn. conscience knows no other than that it is Christian.

If they are divinely ordered, they cannot blame and condemn such things in any way with a clear conscience.

6 Now, however, the Speierische Abschied demands that the estates of the kingdom leave this doctrine, which H. F. Gnad considers Christian and has also experienced as comforting in this time: so it will not be in good conscience of His F. Gnad that they should grant the "above-mentioned" Abschied: firstly, for the reason that H. F. Gnad would thereby act against H. F. Gnad's conscience and condemn the doctrine, which she recognizes as Christian before God. conscience, and condemned the doctrine, which it recognizes as Christian and wholesome before God.

On the other hand, His Grace would make all those guilty of condemning such teachings against their conscience, according to his example, and thus complain about their own sin with countless, cruel, foreign sins etc.

8) Thirdly, His Grace does not have the power to force anyone to raise up the fallen abuses or to accept them, as His Grace has not been the cause of their beginning to fall, but it is up to each person's own conscience.

(9) Fourthly, the former can by no means do so, that they should grant, or urge that the abuses should be re-instated, because thereby the S. F. Grace confirmed the unpleasant complaint of the clergy, which was reported and complained of at Worms by the estates of the empire, and thus such S. F. Grace would be advised to grant against such complaint of the empire at Worms, and to the strength of the complaints against the clergy. The Holy Roman Emperor's Grace has finally granted permission to oppose such a complaint by the Reich at Worms, and to strengthen the grievances of the clergy, which the Emperor's Majesty himself had at that time. Majesty himself promised at that time to abolish the same, and not to believe that H. F. Gnad. opinion, to reestablish or maintain them.

(10) Fifth, that His Grace has not done anything unchristian, His Imperial Majesty can sense from the fact that the Estates have not condemned this doctrine but have pushed it to the Council, which they would not do if they considered it unchristian. Majesty can sense from this that the estates of the empire did not condemn this doctrine, but pushed it onto the council, which they would not do if they held it to be badly unchristian.

11 So that H. F. Grace, Imperial Majesty please that H. Kaiserl. Majesty does not wish to burden His Imperial Grace with such grave matters. Conscience, unheard matter, which is, after all, due to such interrogations and hearings of His Imperial Majesty. Majesty's interrogations and examinations.

The other estates of the empire are also aware of this, and because all the estates of the empire are waiting for a concilii, and His Imperial Majesty has also put them off the same. Majesty has also put them off the same: so His Imperial Majesty wants to advise and help that the Majesty would advise and help that Christian peace be promoted in a right and orderly manner, and that the matter be condemned to interrogation, and not so unrecognized, which would be a violent and forced peace, and not a cordial and willing peace.

Haec de una parte, scii, de consensu.

12) As for the other part, that S. F. G. should be obedient to the imperial majesty's command against the Anabaptists and Sacramentarians, this S. F. G. does willingly and reasonably, because S. F. G. neither has nor suffers from the forbidden teachings in his F. G. lands, nor do they want to have or suffer them, and may S. F. G. boast with God that such teachings are resisted most powerfully in S. F. G. lands. F. G. may well boast with God that such teachings are most powerfully resisted and increased in S. F. G.'s lands, that of course nowhere else is resisted so strongly, and perhaps no one could have resisted; as all the estates of the realm must well know and confess.

820 Jnstrumentum Appellatioms, objected by the protesting imperial estates at the Imperial Diet at Speier Anno 1529. April 25, 1529.

This document was printed soon after it was written. From a print in the Weimar archives reproduced in Müller's Historie, eup. 5, p. 52, and subsequently in Lünig's kpidl. ewlek., p. 777

In the name of our Lord Jesus Christ, Amen. And after the birth of our dear Lord and Saviour, one thousand five hundred and in the ninth and twentieth year, in the other Roman number, called Jndiction, in the reign of the most noble, most powerful prince and lord, Lord Caroli the V, elected Roman emperor, at all times ruler of the empire, in Germania, in Hispania, both Sicily, Jerusalem, Hungary, Dalmatia, Croatia, etc. King; Archduke of Austria, and Duke of Burgundy etc., our most gracious lord, and at the Imperial Diet, which was held in the name of their imperial majesty at Speier, on Sunday after Reminiscere, the year above, are the most illustrious, highborn princes and lords, Mr. Johannsen,

Dukes of Saxony and Electors etc., Mr. Georgen, Margraves of Brandenburg etc., Mr. Ernsten, Dukes of Brunswick and Lüneburg, Mr. Philippsen, Landgraves of Hesse etc., and Wolfgangen, Princes of Anhalt etc., of our most gracious and gracious lords decreed councillors and commanders, on Sunday Cantate, which was the 25th day of the month Aprilis, in the worthy Mr. Petern Mutterstats, Caplans in the Sanct Johanniskirche there at Speier, Behausung, in jetztgemeldter St. Johannesgasse, downstairs in a small room, have been gathered together: who, in place of their electoral graces, have subsequently summoned both of us written notaries and witnesses before and to them, and with the presentation of a document, written on several sheets of paper, have told how many excellent and noticeable burdens their electoral and princely graces, also all of theirs, who now and in the future are related to the preaching of divine word and truth, and with the abolition of ungodly customs, and the re-establishment of Christian ceremonies, would have encountered at the indicated Imperial Diet. Therefore, and on account of such complaints and causes, which their electoral and princely graces have had brought in the touched document, which the aforementioned councils currently have in hand, their electoral and princely graces would be highly and unavoidably urged to appeal from the same actions and the alleged new departure (as noticeably aggrieved) to the revered Roman imperial majesty and a free, Christian concilium etc. how they should and would like to do so in the best, most constant and strongest manner, form and shape, as their Electoral and Princely Graces should and would do by right and equity, before us aforementioned notaries and witnesses (since their Electoral and Princely Graces before and in the presence of Royal Serenity, Imperial Majesty Orators and Commissars, also of the other Electors, Princes and Estates of the Realm, for causes which should be deduced in due and convenient time, so much so that the same at present could not nor would not do so), have also requested, requisitioned and desired such of their Electoral and Princely Graces appeal, letter of apostle and farewell, together with lawful attachment and adherence. With reservation, condition and protestation, to reduce and increase such their given appeal, also to do and carry out everything else that would be necessary for their electoral and F. G. necessity. And after such statement and narration, the above-mentioned councillors of their Elector and F. G. have ordered

The same appeal, drawn up on several sheets of paper (as touched upon above), has been handed over and delivered to both notaries, which, from word to word, follows:

Appellation.

Since in all the rights described above the means of appeal and remedy for the stay of those who have been complained against or fear to be complained against in the future is suspended, and is due to everyone, it is also exempted to such an extent that it may not be rescinded by any authority, nor may it be acted upon, or acted against, nor attested to.

Therefore, in will and opinion, on account of some much high, brave and important complaints, which we, by the grace of God, Johannsen, Duke of Saxony, Archmarshall and Elector of the Holy Roman Empire, Landgrave in Thuringia and Margrave of Meissen, Georgen, Margrave of Brandenburg, of Stettin, Pomerania, of the Cassuben and Wenden etc. Dukes, Burgraves of Nuremberg, and Princes of Rügen on Oderburg etc.. Ernsten and Franciscen, brothers, Dukes of Brunswick and Lüneburg; Philippsen, Landgraves of Hesse, Counts of Katzenelnpogen, of Dietz, Ziegenhain and Nidde, and Wolfgangen, Princes of Anhalt, Counts of Ascanien, and Lords of Bernburg, in general and in particular, and our Christian subjects, also in general all those who now and in the future are related to the holy Word of God, at this Imperial Diet, which is taking place in the current 29th year. We have met and conceded, by and against the most illustrious, great, venerable, high-born, well-born, noble and worthy, Lord Ferdinand, King of Hungary and Bohemia, and Roman Imperial Majesty, our most gracious Lord, Governor of the German Nation, Prince and Prince in Hispania, Archduke of Austria, etc., our special dear lord, uncle and gracious lord, together with the most august Roman imperial majesty, orators and decreed commissioners, also princes, princes and estates, who have been assembled at this imperial diet at Speier (whose names of all dear ones and others we hereby wish to have expressed and named in advance), to appeal, provoke and summon, also to do everything and anything else that the rights in the case give us and permit:

We publicly protest and condition at the outset before God and men, to whom this appeal and calling is to be read or heard, that our will, mind, and opinion is not otherwise, nor does it stand, except for the honor of our people.

To seek the salvation of God Almighty, His holy Word, and of our souls, including our male souls, and to do nothing else by it, except what our conscience shows and teaches us, and that which we owe to God Almighty, but male disparagement, reviling or contempt, to do, and to do justly,

For since the laws, from the fact that nature has wrought a more natural kinship between all men, allow that one must take care of the other, who is condemned to temporal death, even outside authority, and appeal from the same and create his best: How much more do we, as members of a spiritual body of the Son of God, our Savior JEsu Christ, and spiritual children and siblings of one of our spiritual and heavenly Father, deserve, deserve and deserve to do the same in such a highly important matter, for the prevention of our and our neighbor's eternal judgment, and to enjoy and use the same our neighbors, this our legal protection 1). And we say to the above-mentioned Royal Serene Highness and Imperial Majesty Orator and Commissaries, also to the Princes, Princes and the others of the Estates, that they are aware of the noticeable and courageous complaints by us and ours, on our account, almost from the beginning of this present Speier Diet to the end, that it has been subjected to, as also (although with the deed alone) happened, the parting, which was decided unanimously at the previous Imperial Diet, for the preservation of peace and unity in the empire in the middle time of the future Concilii or National Assembly, out of many constant and high concerns all here at Speier in the next 26th year. The Council of Europe unanimously decided, executed and established, as far as the article of the pending discord in our holy religion is concerned, to change it, even to abolish it completely, and besides to conclude on several articles and points, by which, if we were in agreement, we would be against the Christian, divine and evangelical doctrine, divine and evangelical doctrine, which we preach and have preached in our principalities, lands, dominions and territories, according to the holy divine Scriptures, and which we recognize and undoubtedly also firmly believe to be God's word and truth, we would be acting, confessing and doing in principle ourselves; which aforementioned complaints we have presented in writings, also publicly read out, and subsequently had answered to the imperial acts and deeds, and the following content thereafter:

1) Walch: liberate.

Presented at Speier, publicly read and delivered before princes, princes and all estates, Monday after Misericordias

Domini [April 12, 1529].

1st Most worthy, reverend, high-born, venerable, well-born and noble, dear lords, grandparents, cousins, friends and special ones! Your love and you bear in good remembrance, without a doubt, how at the beginning of this Imperial Diet, as Roman. 1) and a document in the form of Her Imperial Majesty's Instruction, 2) presented and read to Your Majesty, to us and to all the Estates, that for this reason Your Majesty, us and the said Estates unanimously considered it necessary and good to decree and establish a committee for the furtherance of the affairs, which committee would deal with the article touching the discord in our holy faith, 3) should first be taken in hand, consider the same, and talk about how peace and unity could be preserved in the meantime of a conciliation between the estates in the empire, but to the extent that the first, namely the Turkish aid, is concerned, as your love, we and other estates, are all well aware of it.

2. So also your dear ones and you others, who besides some of us have been appointed to the committee, know that in the same committee it has been especially considered and held for this: if the first article mentioned, concerning the discord, does not make a measure that without it peace and unity in the realm could hardly be maintained, that it would also be difficult for the estates of all parts to agree or enter into some help or other, which touches the other two articles written in the instruction, unless each one knew beforehand how he would sit with his neighbor and how he would like to have peace with the same; and that for this reason the common decision was made in the committee, while it was spoken, and the Instruction also made some report of it, as if the next agreement drawn up here at Speier had been led into a misunderstanding, that for the sake of this misunderstanding a mitigation and explanation should be made and understood.

3. now we would have provided ourselves completely and undoubtedly, touched actions would be accordingly to indicated aim (namely to preservation of

1) Document No. 815.

2) Document No. 816.

3) "the other", that is, as the second.

The first is that the articles of peace and unity, in the middle time of the Concilii, and the second, by way of mitigation or explanation, since misunderstanding would have occurred in the next parting) have been judged and promoted in committee, and subsequently among your love and the others, as estates of the realm; But we have subsequently found that your love and some others of the estates, on such articles as have been brought into a term and now for the second time read to the estates, about all that has been indicated by some of us from the first in the committee and subsequently among the estates to noticeable and unpleasant complaint and inconvenience of this part, as far as the substance of the same is concerned, we think to persevere, regardless of the fact that such articles, partly for aforementioned reasons, are not useful for the preservation of peace and unity in the realm, and partly also, where otherwise not all, are not a declaration of the next parting made here at Speier, but rather a complete annulment and abdication of the same.

4. and although we know that in all this, in order that we may owe and be obliged to obey the late and present Roman Imperial Majesty, or what we owe to Her Imperial Majesty etc. Majesty etc. or what we owe to Her Imperial Majesty, even to the honor of the Empire. Majesty, as well as the honor, welfare and best of the Empire, that we have always done so with completely faithful, willing and ready subservience, so that we know how to precede no one in the special things, even without male diminishment; as we then, to our end and pit, by the grace of God, in all things owed and possible to the Roman imperial Majesty, our most gracious Lord, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, and the Holy Roman Emperor, and to the other estates graciously, so these things, as your beloved and you others know, concern and affect God's honor and our souls' salvation and happiness, in which we, for the sake of our consciences, are obligated to regard God before all, that we are completely undoubted, Your beloved and you (as we have also kindly asked, and have graciously and favorably willed) will know ourselves to have apologized to you for not having agreed with your beloved and you, for the sake of the above-mentioned articles, nor for the sake of the majorities, as has several times been proposed at this Imperial Diet, to which we may, for many brave and moving causes, not be guilty of having agreed.

(5) And so that your beloved, and you others, may hear our complaints once again and actually, it cannot be denied that for the sake of doctrine there has been a discord in our Christian religion in many articles for some time; but whence the same arises, we want to have brought home to the judgment of God, to whom all things are knowable, this time; for only that at the Imperial Diet held at Nuremberg, in the advertisements made by the papal legate at that time, a notice of this occurred, which we leave with it this time.

6. And although all kinds of ways have been considered and pondered, it has finally been unanimously agreed that there is no more convenient measure to be found on all sides than that a common, free, Christian concilium should be made and written out; and this we now indicate in a friendly and good opinion, that your beloved and you others, also masculinely, are to take from it, and to remember yourselves, since a part may have considered it convenient, tolerable, useful or good, that a distance or condemnation of the doctrine, which it leads as Christian and has led in its lands and territories, should be interpreted before such a concilium, that by princes, princes and estates, together with Imperial Majesty, each time decreed by the Holy Roman Emperor, a concilium should be held. Majesty's orators and commissioners, would not have spoken and acted so often about the announced conciliation at the previous Imperial Diet.

7) That on this part, according to opinion and content of the points, so of the discord and peace article half now put, such distance and condemnation meet us and want to be imposed silently, is to be heard from the following indication:

8 For the entrance understands this opinion as if princes, rulers and estates had decided on such a farewell, in which resolution we stand equal to your love and you, and must be meant, as namely that those who remained with the imperial edict at Worms until now should and wanted to remain with the same until the future concilio and keep their subjects to it.

(9) Now, for the sake of our consciences, it would be very burdensome to us that anyone, high or low, should be separated by our joint resolution from the doctrine that we consider divine and Christian, and be arrested by the edict that has been drawn up.

(10) Although it is true that it is not ours to defend, nor are we inclined to do so, as each one of you and your loved ones, according to your will and your wills, has done.

the edict or otherwise, for themselves or with their own. For after the doctrine, wherefore now the discord is, in many things against each other, should we be of the opinion with conclusive, then it will take place, and to be interpreted to us, also against our own conscience, to be true, either that we judge the doctrine, which we regard as Christian, now already from itself as wrong, as then the same from the next following point in these words: 1) "and but among the other estates, among whom the other doctrine arose, and in part without noticeable turmoil, complaint and danger would not be averted etc."from the absurdity of such words; or else we would have to silently concede and confess that they were rightly founded on both sides, and thus were not necessary articles or points in the faith, which we do not know how to do at this time (we will be instructed otherwise in a future Concilio with Scripture).

(11) Thus it would have been such and much more difficult, for the sake of the point touching the mass, for we are in no doubt, your beloved, and you, have heard before this time to the necessity, in which way our preachers have challenged and set down the masses, as they have been used and kept for some time, with divine holy scripture in the highest way. Should we now fall into such a concept, as it was conceived for the sake of the masses mentioned, 2) it might be understood differently, as if we now wanted to be contrary to the doctrine mentioned, which we consider to be Christian and constant, and judge it to be wrong, which, after all, through the bestowal of God's grace, is not our mind at all, nor can it be done with conscience.

But that by your love, and you others, the touched masses, as they have been held and used for some time, are meant, and the term must also be understood by them, we have to assume easily from the fact that the term mentioned is directed to the oter, since the other doctrine (as it is called) arose.

13. And yet it is not unreasonably strange to us that your love, and you, have undertaken to put us and others to this doctrine in the measure of our subjects, which your love and you, in return, for your own sake, would not like to suffer (nor, for that matter, would we respect it), would not want to suffer at all, if we had nevertheless provided, we should not have been considered unreasonably in that, also be considered again, as perhaps your love, and you, in their superiors, among their subjects, only by reason of the descend-

1) See Document No. 817, § 6.

2) "geyellen" - to consent. Walch: "gehelen".

The fact that it is not possible to apply the customs of both masses, namely the sacrificial and Christian evening masses, makes it much more difficult for us, for the sake of Christ's revealed institution of our Savior, to permit his mass and evening meal, something that is contrary to the same divine institution and can only be based on custom and human statute.

14. Since the doctrine in our part of the world is based on divine Scripture in such a way that it is Christian, and the Scriptures against such masses have been held in public for some time; and such articles and doctrine, for the sake of the piece, are not the least thing to be acted upon in a future Christian council: We would not have provided (in view of the fact that the invitation to this Imperial Diet was issued in the name of the Emperor's Majesty, and that the instruction read does not mention this or any other such article) that our previous notice should have been so insisted upon.

15. Even though we publicly preach and observe in our countries and principalities the sacrament of the body and blood of our Lord and Savior JEsu Christ, there is no need to make a wide-ranging announcement of this: Nevertheless, we know (as we have also been told before) that, for a variety of reasons and concerns, it is not convenient or tolerable that, for the sake of doctrine (if such a decree, as the term suggests, is now being made at this Imperial Diet), and especially because Imperial Majesty's decree does not require anything of this. It is easy to consider to what advantage this may be interpreted to all of us, since it was made unheard and outside of the future council (we will keep quiet about other incorrectness that may occur because of this).

16. However, it is clear from this that even the much reported concept of maintaining peace and unity in the empire in the meantime of the Concilii did not want to be of service, because the concept touched upon can be understood in the first point, that those who until now have remained with the edict of imperial majesty, should and want to remain so, and no distinction would be made as to how far and whether such obligation should extend to the penalty of the edict invoked or not, as it cannot be heard otherwise because of the common words with which the article is written.

17 Because our several clergymen from other authorities are willing to keep the Edict in force

(since it would not be held by them in such a way, as they suppose according to the edict), that they subjected themselves and the next Speier farewell, to let them restrain and withhold their pensions and interests: It is to be considered what would be subjected to the same pretense, which would serve little or nothing for the preservation of peace and unity; This, however, is prevented by the next decree made here at Speier, so that no one is allowed to carry out such or such a frequently reported edict, since the penalty of the same is "that every authority should live and govern with its subjects in the meantime of the Council, in matters concerning the edict, in such a way as it trusts God and Imperial Majesty to do so. Majesty", has been suspended.

18. From this it is clear to hear that the next parting is more conducive to peace and unity (as it has also been considered to be, by virtue of the Instruction issued to the Roman Imperial Majesty next to it, by Princes, Princes and Estates), because, as indicated above, this has not remained about the next parting, since it was not due at all, for the sake of our clergy: What do we want now, if the parting is to be judged on the opinion of the term, and we are to be obliged on this part, in the indicated matters, touching the edict, to keep it in such a way, as we do such against God the Most High and in his court, also here in time against Roman. kais. Majesty, as our ordinary temporal sovereignty. Which also, as now indicated, are not such words as will be passed on in the next parting, thereby being permitted to everyone (as will be spoken by some, to whom the matter is higher, than indeed the necessity is always to mind), in the meantime of a council to do and carry out everything according to his own discretion or liking, whoever therefore abuses and acts against the next Speier farewell with indicated withholding of the interest, we ourselves give to your love and you others to consider.

19) Item, it is also sufficient to note from this, where the much-used words: "that there is any authority in the meantime of the Concilii, in matters concerning the edict" etc. should now be omitted, and in their place such words, as stand in the present term, namely: "And but with the other estates" 1) etc., should be put, that such

1) Document No. 817, 8 6. No. 818, 8 4.

The parting made would not be a declaration, but a complete annulment of the substance of the next parting, as far as the discord is concerned, in which we are to be granted, because the next parting by Imperial Majesty's governors and commissioners, by virtue of Imperial Majesty's power and authority, also brings Electors, Princes and Estates unanimously, as such a letter clarifies. Majesty's governors and commissioners, by virtue of Imperial Majesty's authority and power, also princes, princes and estates unanimously, as the letter clearly states, with the obligation to keep the same firmly and unbreakably, also not to do anything against it and to carry it out, or to let it go out, granted, and fastened with sigils, will not be unreasonably highly burdensome.

20 And furthermore, that we are not afraid to give an answer, where it is intended to us, as if the next farewell of us should have been drawn into a misunderstanding and thereby misused: so we also cannot judge with ourselves that the necessity is or requires to do such now reported cancellation of the next farewell because of the attracted misunderstanding. For although we have no knowledge of what form such a farewell should have taken to a cover of new doctrines since then: so shall, in our discretion, the same have been mitigated for the time being by such a declaration as is partly set forth in the term and on the opinion of our delivered article, which we now wish to have sent and delivered to your love, and to you others, once more to consider, 1) in that the authorities in their superintendencies, and that henceforth further innovations or sects of faith should be prevented as much as humanly possible, and that providence should be opposed to them, and that there should be no need whatsoever to rescind the next parting for this reason as touched upon.

21 Because we are then also confident to the Roman imperial majesty, our most gracious lord, of the undoubted and whole confidence, where her imperial majesty has reported the things as they are now partly told. Majesty of the things, as they have now been partly told by us and otherwise further reported, furthermore that Her Majesty's The Imperial Council of the Holy Roman Empire, which is newer and more recent at the time, together with the imperial power of the Holy Roman Empire. 2) which was presented at the beginning of this Imperial Diet by her Majesty's governors and commissioners, our special dear and gracious lords and friends, your dear ones, to us and all the estates, as we do not know any other way, clarify that it shall be spoken, acted upon and advised

1) Thus set by us according to § 3 of this number, Col. 291. In the old edition, this passage reads: "so sollt doch... demselben ... has been mitigated".

2) Document No. 815.

how peace and unity in the realm may be preserved; whereupon your dear ones, we and the others of the estates, have taken all action, as far as the said peace is concerned; For if it had been the opinion that it might have been considered useful, good or more convenient to remain with the read instruction for the half of the article, such consultation and consideration would not have been necessary at all, the High Roman Emperor's Majesty would not have allowed himself to be moved at all to what the read instruction for the half of the article is able to do.

22. And after all this, to your love, and to you others, as our dear lords, cousins, grandparents, friends and special ones, our friendly request and favorable and gracious intention is that the same, and you, want to take the opportunity of the things again to mind, and the same together with the above-mentioned and such our complaints, and the like of our grievances, which we have in the adopted agreement with regard to the points and articles mentioned above, and to consider them in particular, so that they remain in the next agreement, as the same was unanimously approved, decided, accepted and executed at that time; or on the opinion, as your love and you have understood before and have to hear further from this our writing, kindly and benevolently dismiss, and settle with that, as if your love, and you others, should have the more 3) touched next allhie from imperial. Majesty, for the sake of your love and all of us, as we do not know, nor in our opinion are we obliged, to grant this action, which affects conscience and the salvation of souls, for the reasons indicated and others, and beforehand according to the form and occasion of this action.

23 For as far as the articles concerning Anabaptists, preachers and printers, such as these, have been considered and understood for the sake of peace, and as far as the other two main articles are concerned, we want and hope to compare ourselves with your love and the rest of you in such a way that we will not feel any lack of justice in any of them, which should be of benefit, welfare and good, and especially of peace, to the common Christendom and the empire of the German nation.

24. all this your love, and you, to our great need and equity, deign to note, also kindly and good-willingly therein.

3) "The majority", that is, the majority.

We are inclined to earn your love with special, friendly diligence in all ways, and to recognize you others in favor, grace and all good. We kindly request and favorably desire your love and your other's immediate, friendly and fruitful response, and therefore, according to our need, let us further 1) be heard.

25. Although we would now have provided ourselves to princes, princes and estates in an indisputable way, they would have taken our important and noticeable complaints into consideration, and that no one would have made an unobjectionable, reasonable and Christian change in the things, which would be against his conscience, and would be imposed outside, also before a future common and free Christian concilio or national assembly: Their loved ones, and they, have insisted on their intention, only that the committee, which their loved ones and they had appointed for this purpose, has subsequently indicated to us how their loved ones, and they, consider that the articles of Royal Serene Highness, as Imperial Majesty's governor, and of the Holy Roman Emperor, are to be rescinded. Majesty's governor, and her Majesty's appointed orators and commissioners, should be presented, whether her Serene Highness and dear ones might find means for a convenient settlement; which we, and that royal Highness together with the orators and commissioners acted thereon for a convenient settlement, neither displeased nor resented, in friendly confidence that such action would be conducive and prompt, and would have been taken.

26 Nevertheless, and beyond the fact that it was not the opinion at the beginning of this Imperial Diet, the other articles expressed in the document, which was read and presented in the form of an Imperial Instruction at the beginning of this Imperial Diet, have been proceeded with. Since, however, after several days nothing was announced to us by Royal Serenity and Imperial Majesty's Orators and Commissars as to whether and when we should wait for further action, as mentioned above, we have at the very least twice petitioned Royal Serenity through some of our own for a suggestion and reminder. But when we, by virtue of the aforementioned farewell, which we took with the appointed committee, princes, princes and estates, provided for further negotiation and discussion, Royal Serene Highness, together with the orator and commissioners, on Mondays

1) Here "have" is erased from us.

after Jubilate f19th April, next to various, before princes, princes and all estates, outside and without any further negotiation, also without regard to all of our above-mentioned highly urgent complaints, have their opinion publicly read out from a document, without doubt of the opinion, as if their Royal Serene Highness and dear ones wanted to have announced and given us a final decision with it, as follows:

The alleged decision, which His Royal Serene Highness, Imperial Majesty's Orator and Commissars, had publicly read out in the Assembly of the Imperial Estates on April 19.

1. Majesty, our most gracious Lord, Governor, Orator and Commissaries, have sent to the Princes, Princes, Prelates, Counts and Estates of the Holy Roman Empire, and to the same, a written message, which they have based on the three articles of their Imperial Charter. Majest. The Holy Roman Emperor and the Holy Roman Emperor's representatives, the governors, orators and commissars, have written and presented this document in the name of their Imperial Majesty, in the beginning of the present Imperial Diet, and have handed it over to the imperial governor, orator and commissars of the past few days, and have read it at length, and thereupon have presented this document against their presentation, in virtue of their perfect authority, to the Imperial Council of the Holy Roman Empire. The document has been submitted in accordance with the imperial decree of this Imperial Diet.

(2) And although in such a document, presented to the said princes and princes and the other estates, the three articles, the said Imperial Governor, Orator and Commissarii have been presented. The Imperial Governor, Orator and Commissarii, for the fulfillment and satisfaction of the said Imperial Majesty, our most gracious Lord. Majesty, our most gracious Lord, will and opinion, would be well-founded and sufficient plea: so consider the Imperial Governor, Orator and Commissarii. The Imperial Governors, Orators and Commissars, that Princes and Princes, also other estates of the Holy Roman Empire, and of the other absent 2) embassies, on such their presentation, the articles understood one after the other, after timely council held, on account of the occasion of the present lurking and time, according to their highest understanding, to praise and honor God Almighty, and to the said Imperial Majesty for the most submissive obedience, and first of all for the preservation of our Christian faith, also peace and unity in the Holy Empire, have Christianly, reasonably, wisely and well put and written, which also confidently, and especially to those, who without the God and

2) "Absent" put by us instead of: "Present".

The people who have the imperial majesty in mind would understand this and would not act contrary to it.

3) And therefore the said Imperial Governors, Orator and Commissarii. The said imperial governors, orators and commissarii, accept the notion of the three articles of their part given to them by the same princes and princes, also by the other estates, also accept the same articles in the name of the said imperial majesty and for themselves, want to have such articles, content of their authority, in the place of the said imperial majesty, also approved for themselves, that they are thus brought in the proper form of a farewell; and say from the said imperial majesty, also for their own sake, to the same princes and princes, and to the other estates and embassies, their Christian, faithful, and faithful, faithful and faithful, faithful and faithful, faithful and faithful, faithful and faithful, faithful and faithful. Majesty, also on her own behalf, to the same princes and princes, and to the other estates and embassies, for their Christian, faithful and diligent actions, but, rather, diligent, friendly and gracious thanks, and want to praise all this to Imperial Majesty. Majesty, who would undoubtedly recognize this with grace towards all the estates, and they, the imperial governors, orators and commissars, would be pleased. They, the imperial governors, orators and commissioners, will also kindly and graciously owe this to themselves.

The same governors, orators, and commissioners have also heard the writing that the Elector of Saxony 2c, Margrave George of Brandenburg 2c, Landgrave of Hesse 2c, Prince of Anhalt, and the Chancellor of Lüneburg have handed over to the common imperial assembly against the first article, concerning our Christian faith, and let this writing remain in its value. For since such a document has been presented and read to the large committee, then Electors and Princes, and other estates of the Holy Roman Empire, and since the common assembly, according to old, laudable custom and usage, and also according to its conscience and conscience, has decided on the article concerning the faith, which rather was done with its votes, and since they, the imperial governors, orator and governors of the Holy Roman Empire, have decided on it, they have also decided on the article concerning our Christian faith. If they, the imperial governors, orators and commissars, have accepted such an article (as above) on their authority, in the place of vaunted imperial majesty, also for themselves, as members of the Holy Roman Empire, then these same imperial governors, orators and commissars wish to be bound by it. The said Elector of Saxony and the other princes and embassies, reported above, who have hitherto sought objection in the resolution of the article indicated, will take leave of it, reported above, nor refuse that not only (as above) by many of the other princes and princes, but also other estates of the empire, according to old laudable usage, have acted honestly, properly and as is due at this imperial diet.

and proceeded; but that also the imperial governors, orators and commissarii have not brought forward and acted otherwise. But that also the imperial governors, orators and commissioners have not brought forward and acted anything else, nor do they continue to do, act, approve and decide, except that they, in virtue of their above-mentioned authority, have good reason, power and right, and know how to answer well and sufficiently against the said imperial majesty. Accordingly, the imperial governors, orators and commissioners, princes and princes, and the other estates of the empire have not wished to act in a friendly and gracious manner in response to this document.

5 And when we did not provide ourselves with the same, and therefore escaped to a short conversation with each other, and did not even suspect that royal dukes with said orators and commissaries would not have stayed a little while, that we could have held a short conversation and again presented our need to their royal dukes, princes, and estates, their royal dukes and much-reported orators and commissaries, we did not suspect that their royal dukes would not have stayed a little while, that we could have held a short conversation and again presented our need to their royal dukes, princes, and estates. However, their royal sovereigns and much-reported orators and commissars, our unexpected, have risen, and from the assembly of the kingdom's estates, have suddenly departed from the house. Although we have also kindly asked their Royal Highnesses and Privates, through some of our councillors whom we have sent to their Highnesses and Privates, to be unburdened, next to Princes, Princes and Estates, to hear our need for the read presentation again: nevertheless, their Highnesses and Privates did not want to give the Orator and Commissars a chance, but the answer was given to ours that the articles had been decided etc. Are therefore against the supposed decision, which was taken by the above-mentioned estates in force of a presumed and yet quite unofficial, insignificant and non-binding majority, and what with Royal Serenity, also of the Orator and Commissars, the above-mentioned read opinion and answer to it further took place, to publicly protest before Electors, Princes and Estates, and to hand over the same in writs; which protestation of harmless content follows hereafter expressed:

Protestation before Electors, Princes and Estates, publicly read and delivered to the species of the Empire.

1. your dear ones, and you dear gentlemen cousins, grandparents, friends and others, know what complaints we have made verbally and in writing during the past days of this Diet against some points in the article of preservation of peace and

Conciliation, on account of the pending discord of religion in the empire, meanwhile of the Concilii, have had presented and although we, considering that we have indicated nothing, but what our conscience for God's honor, praise and sanctification of his name, also of said peace and unity because of the highest unavoidable need in the empire, the highest unavoidable necessity would have provided us, your beloved, and you others, would have made the ways, that we could have compared ourselves with your beloved and you others for explanation of the next Speierian farewell, where the same should have been abused by unequal understanding, with good conscience and without burden; so that the reported next farewell would otherwise remain in esse and its substance, as had been unanimously decided beforehand; Just as we, Duke John, Elector of Saxony, at the suggestion of the great committee, have come to a different opinion concerning the abuses involved and the preservation of the peace reported, and thereupon have again sent it to the committee reported, and have had it handed over to your love and to you elsewhere, in the confidence that the same concept would have been considered and accepted by your love and by you for an even and different explanation.

2. 1) But because we have found that your love and you seem to persist in their intention, and because of the brave causes and complaints which we have now and everywhere again raised and renewed, both of us want to do so because of our consciences, also that such of your love, and your, nobility, on account of the above-mentioned pending discord, for the preservation of peace and unity, in the meantime of the Concilii, does not in any way want to comply, nor to do, that we should heal or consent to it; To that, that we, after the shape of the bargain, and before about the above touched next Speier farewell, the same are not obliged, especially without our consent, from reported next allhie at Speier made and sealed farewell, by reason of the hereafter described strong binding clauses and words, so at the end of the same farewell are written, namely: 2) "Thereupon we, Ferdinand, Prince and Jnfant in Hispania" etc., "And we Electors, Princes, Prelates, Counts

1) This paragraph was included by Elector John and Landgrave Philip of Hesse in their letter by which they announced the protestation in their lands. See Document No. 822, § 3.

2) Towards the end of the 818th Documents, U 4 and 5.

and gentlemen" etc.: We therefore consider that, due to the much-touched grievance, our high and unavoidable necessity requires us to publicly protest against your love and yours, as null and powerless, and our, and also ours and our men's, unallied undertakings, as we also do herewith at present, and that, for the aforementioned reasons, we do not know, cannot nor may heal, but consider your love and your intentions null and unallied, against your love and you, and you, and nevertheless wish to keep, live and govern ourselves in the matters of religion, in the meantime, in the aforementioned common and free Christian Concilii or National Assembly, by means of divine help, by virtue of and in accordance with the much touched next Speierian farewell, in our sovereignties, also among and with our subjects and relatives, in such a way, as we do in the face of God, the Almighty, and the Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor and the Holy Roman Emperor. Imperial. Majesty, our most gracious Lord. What also concerns the ecclesiastical interest, rent, validity and tithe, and the peace, and is written and expressed in the much-reported next Speierian agreement, we also want to show and keep ourselves in all ways unobjectionable. Thus, we want to be in agreement with your love and you as far as the following points are concerned, as the reopening and the printing, as we are all understood at this Imperial Diet, and we know how to keep to the contents of the same points in all respects.

3. And after all this, to your love and to you is our friendly request and gracious intention that you note this protest of ours for our unavoidable necessity, and that you remember it, and in particular that you be mindful of where such an opinion, as your love and you have made, is to be placed at the end of this Imperial Diet, as we have not provided for it at all, so that our protest of its content is included and placed next to you; and are caused to submit our present protestation, together with our complaints, which we have next presented in writings against such article, to the Imperial Majesty, and also to have it otherwise publicly issued, so that men may have and receive knowledge that we and why in such opinion have not been resolved, but have publicly protested against it before your love and you; we also reserve the right to further extend our complaints and protestations,

3) Walch: yours.

and to let us hear the same against your love, and you others, also otherwise for our need.

4. all this your love and you others want in the best, and as reported, to our high need, and not otherwise understand: we are kindly deserving of your love, and inclined to recognize towards you others with favorable and gracious will.

5. And so that the Royal Serene Highness together with the Orator and Commissars, also Princes, Princes and Estates, may be reminded of our complaints once again and in abundance, whether their Royal Serene Highness and dear ones, also Princes, Princes and Estates of the Realm, would have wanted to be softened and moved once again to consider the matters further and to that end, so that we on all sides may come to a fair and unencumbered settlement of the conflict that has occurred: So we, the above-mentioned, have had our complaints, with further necessary extension and attached protestation, drawn up and put in writing, and have dispatched some of our councillors to present them in writing to Royal Serene Highness, and to the much-affected Oratori and Commissarien; as has been done. But the same our deputies have reported to us on their return, although Royal Serene Highness indicated that she would have taken our necessity, which was written down, in the first instance into her Serene Highness' hands: so she would not have wanted to deliver it to them again, and to keep it for the indicated further favorable motion with her Serene Highness and the Orator and Commissars. Also, since ours complained about taking back the reported document without and outside of our order, but deposited it in the king's chamber, it was nevertheless sent back to us by several royal sovereigns for previous complaints. What we have also reported and objected to in such writings is to be heard from the contents of the same writings subsequently recorded.

The complaint and protestation have been otherwise combined, and delivered to the Royal Serene Highness, the Imperial Orator and Commissarien.

1. noble king, also most reverend, highborn, venerable, wellborn and noble, dear, gracious lords, grandfathers, cousins, brothers-in-law, friends, and special dear ones! After we have, at the request of the Roman Emperor's Majesty, our most gracious Lord,

and in addition to your Royal Serene Highness' friendly description, to her Majesty's submissive obedience, and to your Royal Serene Highness' friendly and official favor, also for the benefit of common Christendom and the Holy Empire, here to this Imperial Diet, and now, in addition to your loved ones and you the others, hear the read Instruction together with the Letter of Authority in Imperial Majesty's name (placed at the disposal of Your Royal Serene Highness and other Commissaries ordered by Her Imperial Majesty), and in addition to this, we have diligently examined the Imperial Majesty's writ of summons of this Imperial Diet and have found that the matters were directed by inconvenient practices to the effect that the article in the resolution of the Imperial Diet held here, concerning our holy Christian faith and its religion or ceremonies, should be set aside, and against it other, quite burdensome articles should be placed.

(2) However, since Your Royal Serene Highness, and others assigned to Your Royal Highness, are in the process of being summoned by the Imperial Majesty. Serene Highness, as Imperial Majesty's Governors and Commissars, also all Princes, Princes and Estates of the Realm, and of the said Article, have unanimously agreed and united at the Imperial Diet held here at Speier, for good Christian reasons, for the preservation of peace and unity in the Holy Realm, to the effect that, as follows: that in the meantime of a general concilii or national assembly, every prince, duke and estate of the empire may live, govern and hold with his subjects "in matters which the edict issued by the imperial majesty at the Diet of Worms may concern", as each one hopes to do so against God and the imperial majesty. Majesty hopes and trusts to answer for. And now Your Royal Serene Highness, as at the same time and now Imperial Majesty's Governor, together with other co-commissioners assigned to her aforementioned, in virtue of her then transferred (signed and sealed with Imperial Majesty's hands) power, have spoken and promised in the resolution of the above-mentioned farewell on account of the Roman Imperial Majesty, to keep and execute everything and anything that is written in the aforementioned farewell and may affect Imperial Majesty, firmly, unbrokenly and sincerely, to comply with it and to live it straightforwardly and without refusal, not to do anything against it, to carry it out, and to act or let it go out, nor to allow anyone else to do anything on their behalf, except all danger. Likewise, your beloved, we and other princes, sovereigns,

Prelates, Counts and Lords, also of the Electors and Princes, Prelates, Counts, and of the Holy Roman Empire free and imperial cities sent embassies and rulers, named in the farewell, therein publicly confess that all and every written points and articles are made and decided with all our good knowledge, will and counsel, that also we all have agreed to the same together and especially in force of the letter, and have spoken and promised in right, good, true faith to keep and perform all the points and articles written in the parting, as much as each of us may concern or be concerned with his lordship or friend, by whom he is sent or is under authority, truly, steadily, firmly, sincerely, and unbrokenly, and to comply with it to the best of our ability and to live without danger. As then the several times reported agreement of the last held Imperial Diet is thus documented and sealed by the Imperial Majesty's governors, princes, princes and other estates of the empire, such with clear, expressed words in itself holds, wants and is able.

3. in consideration of this previously established, obligated, documented and sealed farewell, we have, also for the following reasons (which are then indicated to your royal authority, dear ones, and you to the others on the twelfth day of this month of April in writings).Dear, and to you the others, on the twelfth day of this month of April, some of which are also indicated in writings), we cannot nor may not consent to the abrogation of the preceding article unanimously granted and obligated to be kept, nor to the mitigation thought to have been made for this reason (and yet none in itself).

(4) Namely, first, for the justified reason that we undoubtedly believe that Your Imperial Majesty, as a noble, just and Christian Emperor Majesty as a praiseworthy, just and Christian Emperor, our most gracious Lord, also your Royal Serene Highness, and other of your fellow commissioners, such as also the several part of your and other dear ones, are nothing less than we, of the Imperial and Royal, Electoral, Princely and honorable, sincere, constant mind and will, and honorable, sincere, constant mind and will, what all of them (as above mentioned) have once and with us unanimously granted, obligated, committed and sealed, thus according to the letter, to keep steadfastly, firmly and unbreakably, to carry out, and therein not to brood at all, nor to be contrary to nor to do anything against it, in which we now not only agree with our, but first of all with Your Imperial Majesty, but also with Your Royal Majesty. Majesty, as well as your Royal Serene Highness, dearest and all our honor, praise, glory and favor.

5 On the other hand, we would also know such things, as reported before and after, with good reason.

We do not know against God Almighty, as the one and only Lord, Ruler and Sustainer of our holy, Christian, beatific faith, nor against Imperial Majesty as a Christian Emperor. Majesty, as a Christian emperor, in no way.

6 For although we know that our forefathers, brothers and we, in all that we owe and owe obedience to the deceased and present reigning Roman Imperial Majesty, have been obliged to keep or to owe to her Imperial Majesty, we do not know that our forefathers, brothers and we, in all that we owe and owe obedience to the deceased and present reigning Roman Imperial Majesty. Majesty, or to her Imperial Majesty and the honor of the Empire. Majesty and the Empire's honor, welfare, and best, that our forefathers, brothers, and we have done so with whole, faithful, willing, and ready subservience, so that we know how to give preference to no one in nothing, even without male diminution, for our own glory, as we do now to our end and pit, with the help of divine grace, we are willing and inclined to be obedient and willing in all things due and possible to the Roman Imperial Majesty, as our most gracious lord, of unsaved body and estate, also to your Royal Serenity and love, as our dear and gracious lords, grandparents, cousins, sisters-in-law, friends, and other estates of the Holy Roman Empire, kindly, graciously, and unanimously: These are such things, as your Royal Serenity, dear ones, and you, the others, know, which concern and affect God's glory and the salvation and blessedness of every soul, in which we, by God's command, for the sake of our consciences, call upon the same our Lord and God, as the highest King and Lord of all lords, in baptism and otherwise by his holy divine word, we are obligated and indebted above all things, in the undoubted confidence that your royal majesty, beloved, and you, the others, will (as we have also kindly requested before) kindly graciously and benevolently that we do not agree with your Royal Serene Highness, dear ones, and you others, for the sake of the above-mentioned articles, nor do we want to obey the majority of them, as has been done several times at this Imperial Diet, in consideration and respect, that we want to obey this, due to the previous Speierian imperial treaty, which especially in the mentioned article clearly shows, that such article has been decided by a unanimous union (and not only the several parts); Therefore, such a unanimous resolution shall not, can not, or may not be changed otherwise than by unanimous consent, for reasons of respectability, equity, and law,

308Section 2: Von den Reichst, zu Regensb. etc. No. 820. W. xvi, 391-393. 309

Together with this, that even without this, in matters concerning God's honor and our souls' salvation and happiness, each one must stand before God for himself and give an account; so that in this place no one can excuse himself for the other's doing or deciding, and are not obligated to do so for other honest, well-founded, good reasons.

7. And so that your Royal Serenity, dear ones, also you, the others, and otherwise males, to whom this action may reach, may have to hear our complaints, also reason and causes (why we cannot compare ourselves in touched matters with your Royal Serenity, dear ones, and you, the others, this time) again and actually: It is publicly known and cannot be denied that for a time there has been discord over doctrine in our Christian religion, over many things and articles, but where such discord has come from and flowed, God knows first of all, of which we also judge all things, and has been partly done and handed over at the Imperial Diet at Nuremberg by the papal legate, according to his advertisement and instruction, 1) at that time, and also otherwise known by many princes, princes, and other estates of the empire, which are also partly yours; As then, at the reported Imperial Diet at Nuremberg, the secular imperial estates recorded all our complaints in eighty articles, 2) and handed them over to the said papal legate, which also went out publicly in print earlier, as then the same complaints and abuses are not yet over, and many more are still before us.

8. And although at the same time and afterwards, also now, all kinds of ways were thought of here, nevertheless it has always been considered at all imperial congresses that no more convenient means and measure could be found for the matters on all sides than that a free, common, Christian concilium, or at least a national assembly, would be made and announced as soon as possible; and this we now point out to no other than faithful, Christian, friendly, official good opinion, and therefore that Your Royal Serene Highness, dear ones, and you the others, also manly, may take from it and remind yourself, when it is proper or due, of a part of the distance or condemnation of the doctrine (belonging to God's glory and the souls' salvation and blessedness), which he considers Christian, leads, and in his countries and

1) The 718th document in the 15th volume of our edition.

2) St. Louis edition, Vol. XV, No. 722.

3) before a free Christian general council, that governors, commissaries, orators, also princes, princes and other estates of the empire, decreed by imperial majesty, would not have been and still would not have been so often and stately appointed and acted upon by the reported council, to interrogate and act upon the ambiguous (as doubtful doctrines and things), of which they themselves are not certain.

9) That we have now encountered such a thing in our part, according to the content and opinion of some points and articles (which are set aside for the sake of this conflict in faith and peace), and not only silently, but also obviously wanted to lay it open, is to be noted and understood enough from the following statement:

10. For so some in the committee, in their first proposed, and the tenth day of this month Aprilis again overlooked, also in some other pieces changed term, have set that princes, princes and other estates (under which we are equal to your loved ones, and you the others, have now decided with each other that those who have remained with the (preordained) imperial edict until now, should and want to remain with the same edict until the future concilio, and hold their subjects to it etc., that we, as those who cannot keep or execute such edict in all respects with a good conscience, as was considered at previous imperial congresses not only with us, but also with more other imperial estates, would be extremely burdensome and could not be justified before God, to separate anyone of high or low rank, by our joint decision, from the doctrine that we, from a thorough report of God's eternal Word, undoubtedly consider to be divine and Christian, and against our own conscience, as if it were obvious, to penetrate under the edict that has been drawn up.

(11) But we do not dare to contest at all how your Royal Serene Highness will hold it. 11. However, we do not at all submit to dispute how your Royal Serenity, or any of your loved ones, and you the others, will hold it, outside of our settlement or resolution, according to the edict or otherwise, for themselves and with theirs; only that we daily and cordially pray to God that his divine grace may enlighten us all to his and our own right, true knowledge, and may give his Holy Spirit to guide us into all truth, so that we may come to the unanimity of a right, true, loving, beatific, Christian, and Christian way of life.

3) in the old edition of Walch: "gladly", which will be read from "geen" (to go). In the parallel passage Col. 292, § 6: "lead".

Faith comes through Christ, our one mercy seat, mediator, advocate and Savior, amen.

12 For after the discord has been publicly brought to light, and, as reported above, partly known by the opposing party itself, that it arose from its cause, that even the reported opposing party itself admits and does not deny that the doctrine among us is just in many respects (which the imperial edict also touches upon), and only in some points and articles is in conflict with one another, it is easy for the manly and honorable mind and spirit to judge if we should agree with your royal sovereignty, your love, and your opinion of the others. Your Serene Highness, your love, and your opinion, which is now understood by the others, should decide with your Royal Highness, your love, and you, the others, that it would result from this and be imposed on us that, against our own conscience, we ourselves now judge the doctrine, which we have hitherto undoubtedly considered to be Christian, and still consider to be so, to be unjust, because we have also decided that the imperial edict shall stand against it.

13) Which is even clearer from the annexed point of contradiction, which reads: 1) "And among the other estates, among which the other doctrine has arisen, and in part cannot be averted without noticeable uproar, complaint, and danger, all innovation shall be prevented as much as possible and humanly possible until the future Council" etc., how then only men would argue and say that we have confessed by such a departure that our Christian doctrine, opinion and attitude would be so wrong and so shaped, if they were to be stopped without noticeable turmoil, trouble and danger, that it should be done justly, or at least we would have to tacitly admit and confess that we do not have rightly founded or thus necessary points and articles in the faith: which we do not know how to confess or do at this time (we will be directed otherwise by holy, pure, divine, biblical Scripture at a future concilio or otherwise).

(14) What else would it be but to deny, not only implicitly, but publicly, our Lord and Savior Christ, and his holy word, which we undoubtedly have pure, clean, and right, and to give the Lord Christ cause to deny us also before his heavenly Father, and not to confess that he has delivered us from sins, death, the devil, and hell; as he has done to all those who believe him and his holy word?

1) Document No. 818, s 4.

If we do not confess freely and publicly before men, the gospel threatens us terribly; then the right confession is not only in mere words, but in deed, as may be further explained for the sake of necessity.

15. To what noticeable and damning annoyance and apostasy such a thing would grow and reach, not only among our Christian, but also among our good-hearted subjects, if they heard that we had decided with your Royal Serenity, dear ones, and you, the others, that you should persist with the edict and hold your subjects to it as well; Thus, although God Almighty enlightens someone to the knowledge of His holy and only saving Word, that he or she should not or may not accept the same, this is not difficult for any Christian man of integrity to consider and recognize; as even some of the authorities of your part would dare to embellish themselves against their subjects with the fact that we have decided on such a thing with your Royal Serenity, dear ones, and you, the others, therefore they must keep and do it.

16. Where we also decide with your Royal Serene Highness, dear ones, and you, the others, that those who have so far remained with the Edict should also remain with it until a future Council, we confess, as reported before, not only that your part's opinion is just, but also that the Edict would and should still be in force, which has been suspended and repealed by the previous Speierian Imperial Decree, as can be seen from all actions; Thus, in such matters concerning the edict, each imperial state may hold, live and govern for itself and its own, as it first hopes to answer to God and the Imperial Majesty. Majesty; therefore, we can no longer be burdened with such a yoke of the edict through no fault of our own. We are also in no doubt that it is Imperial Majesty's will, mind and soul. Maj.'s will, mind, or opinion, as we then have to conduct our doctrines, life, government, actions, and omissions, in such a way against God Almighty and Her Imperial Majesty as a Christian Emperor. Maj. as a Christian Emperor, on a true and thorough report of the matter.

17 Thus, for the sake of the article concerning the Mass, it has such and much more difficulty, for we are in no doubt that Your Royal Serenity, dear ones, and you, the others, have heard and heard before this time, to the necessity, in what way our preachers and teachers have used and kept the Papal Masses, as they have been used and kept for some time, with holy grace,

The Lord has challenged and set down in the highest degree the divine, unconquerable, constant Scripture, and on the other hand has established the noble, delicious supper of our dear Lord and Savior Jesus Christ, which is called the evangelical mass, according to the institution and example of Christ, our only Master, and also according to the use of his holy apostles. Should we now approve or consent to such a concept or resolution, as the one in the committee, for the sake of the Mass, again no other thing would be understood, than that we would be contrary to our preachers' teachings, which we nevertheless consider Christian and constant, in the piece as well as in previous ones, and would help to judge them as unjust, which is not at all our mind through the bestowal of God's graces, nor can it be done with a good conscience. Your Royal. Your Serene Highnesses, dear ones, and you, the others, yes, men, may well think if we were to have two mutually repugnant masses held in our cities, towns and territories, although the papal mass would not be against God and His holy word, which may never be preserved, that nevertheless, among the common man, especially among those who have a right zeal for God's honor and name, "preaching nothing less than repugnant" would result in repugnance, rebellion, indignation, and all unhappiness, and would serve neither peace nor unity.

18) That your Royal Serene Highnesses, dear ones, and you, the others, mean the touched papal masses, as they have been held and used for some time, and that the term must be understood by the same, we have to assume easily from the fact that the reported term refers only to the oters, where the other doctrine (as it is called) originated, and not at all to your Royal Highnesses, dear ones, and your, the others, authorities and territories; and therefore we are not unreasonably disconcerted that your Royal Highnesses, dear ones, and you, the others, do not understand the term. Serene Highnesses, dear ones, and your, the other, authorities and territories; and therefore we are not unreasonably disconcerted that your Royal Highnesses, dear ones, are the ones who are responsible for it. Serene Highnesses, dear ones, and you, the others, are noble to set us and others, who adhere to this doctrine (that is, the pure, unadulterated Word of God), in the one measure, for the sake of our subjects, and to make order and regiment in our cities, towns and territories, which your Royal Highnesses, dear ones, have done. Your Serene Highnesses, dear ones, and you, the others, would not like to suffer in the opposite case, even if we respect it, so you should consider the equality and be much less against it, that we join with ours in our cities, patches, authorities and territories of the supper of Christ, as the evangelical and only in divine scripture.

The Holy Mass, according to the revealed and irrefutable institution of our Savior Jesus Christ, is to be used unanimously. For you would not like or tolerate that your loved ones, and you, the others, in their cities and towns, should be denied the papal masses, or anything else of the kind, which is contrary to divine institution, as well as to the use of all its holy apostles, and is based solely on human poetry and invention, or that you should allow some hindrance to it.

19 Because of this, and because the doctrine on our part in our lands and authorities is founded with divine, unconquered Scripture, against the papal masses, as mentioned above, and because such an article is not the least that would be necessary to act in a Christian council, we should not have allowed ourselves (in addition to the fact that the invitation to this imperial diet was issued in the name of the emperor) to be forced to act against the papal masses. Maj.'s name, which is also more recent in date than the aforementioned letter of authority and the instruction, nor the instruction read out in the same way, report anything about these or other such articles), we would not have provided at all that our notifications and Christian remembrance made many times before should be adhered to in such a way.

20. Although it is publicly evident what we preach and have preached in our countries and authorities on account of the holy sacrament of the body and blood of our Lord and Savior JEsu Christ, that for this reason it is necessary to make a wide announcement: Nevertheless, we know once again, as we have had it said before, from many misgivings and good Christian causes, that it is not convenient or tolerable that for the sake of doctrine (so contrary to it) such a decree as the term suggests should now be made at this Imperial Diet, and especially because the Emperor's decree does not allow anything to be done about it. Maj.'s letter does not report anything about it, that even those who touch the same matter have not been required nor heard; and it is truly to be moved and considered, if such grave and important articles were to be made outside of the future Concilii, or if it were to be subjected to a finding or order therein without a necessary and due 1) hearing of all those who touch the matter, to what harm and injustice such a decree would bring Imperial Maj. Majesty, Your Royal Serene Highness, Dearest, to us and other estates of the Empire.

Item 21, as further set forth in the committee's term, 2) that the preachers shall preach the holy gospel....

1) In Walch's old edition: "unseemly".

2) Document No. 817, § 8.

If we were to agree in all parts as to what the true holy Christian church is, then we would be able to preach and teach the gospel according to the interpretation of the scriptures, approved and accepted by the holy Christian church. But because of this there is not the slightest dispute, and no certain sermon or doctrine, but to remain only with God's Word, as also according to the command of God nothing else is to be preached, and since one text of holy divine Scripture is to be explained and interpreted with the other, as also this same holy divine Scripture in all things, which is necessary for the Christian people to know, is found in itself clear and loud to enlighten all darkness: we intend, with the grace and help of God, to finally abide by the fact that only God's Word and the holy Gospel of the Old and New Testaments, written in the biblical books, will be preached purely and unadulterated, and nothing contrary to it; For in this, as in the unified truth and the right guide of all Christian doctrine and life, no one can err or be lacking, and whoever builds on it and remains there will stand against all the gates of hell, even though all human additions and trinkets must fall and cannot stand before God.

22. However, that the aforementioned concept is not conducive nor conducive to the preservation of peace and unity in the empire, in the middle of the time of the Concilii, but rather strictly contrary to it, is also clear from the fact that, as reported above, it is stated in the first point that those who until now have remained with the imperial edict shall now also remain with it, that those who until now have adhered to the imperial edict should and will now also adhere to it, and no distinction is made therein as to whether and to what extent such obligation should extend to the penalties of the cited edict, as it cannot be understood otherwise according to the common words.

23 When some of our clergymen encountered other authorities under the pretense of the edict, because they, based on God's word and because of their conscience, did not comply with the edict, they were allowed to forcibly take and withhold from our subjects their tithe, rent, interest, debt, inheritance and other things, located in other jurisdictions and territories, without and against the law. And it is to be well observed what further such things, under the same assumed appearance, might be done, and give rise to counteraction; that ever little or nothing would prosper for the preservation of peace and unity, to say nothing of it, if anyone of your part would dare, in the appearance of the edict and alleged

We are not aware of the fact that it is a punishment for us to act violently against ourselves or against others of our part, and that we are supposed to be in need of doing what is against God, His holy word, our souls and good conscience. But everyone can well consider what is due to a Christian authority in such a case, for the preservation of God's word, honor and name, as well as for the pacification, protection and protection of themselves and their subjects' souls, bodies, lives and goods, for which reason it is only right in such cases to remain with the article written in the previous Speierian imperial treaty, which suspends and revokes the edict for the sake of peace and unity, as well as for other good Christian reasons.

(24) From all this, it is now noted and publicly proven that the previous Speierian imperial treaty is more conducive and conducive to peace and unity than the concept of the aforementioned article; as such a treaty, by virtue of the Instruction then issued to the Imperial Majesty, has been regarded as such by the Princes and all other estates. Majesty, by Princes, Princes and all other Estates of the Realm: And if, in spite of such a previous legal agreement, in which the imperial edict, as mentioned above, has been suspended, it has not remained, or has been omitted, in the supposed appearance of the same, to deprive ours of theirs by force, or without counsel, in other territories of authority, and to hold them back; What would happen now to our enemies, who in part, without this, seek reluctance, quarrels, strife, and no peace, if the door of the edict were opened to them again, as the term suggests, and the previous peaceful Speierian farewell were taken.

(25) Your Royal Serene Highness, Dear Sirs, and you, the others, cannot maintain, if the words, understood in the previous Speierian Imperial Decree, that each Imperial State with its subjects, in the meantime of the Concilii, in matters concerning the Edict, may live, govern and keep for itself in such a way, as it hopes and trusts to do against God (the Most High and in His Court), also here temporally against Imperial Majesty (as our ordinary temporal sovereignty), are not set now. Majesty (as our ordinary temporal sovereignty), but that the points or articles notified above be set so that the previous imperial decree is not thereby abrogated, but declared alone; for it would publicly be a complete abrogation of the previous article, and all Christian imperial estates would no longer be permitted to keep themselves in all things according to God's word and their right good conscience, as they may well answer for such against God and Imperial Majesty. Majesty, and may not be justified by any reason.

that these are the words that should allow each one, in the meantime of a council, to do everything according to his own discretion and pleasure, as some (who no doubt do not think or know much about God's courts and strict judgment, to which such responsibility belongs first of all) speak of it.

(26) Thus is also touched before, who has abused the Speierian farewell, or has acted contrary to it. We may also suffer justice and all fairness against anyone who thinks to interpret us as if the often reported imperial treaty had been abused by us, at all ends to which we properly belong, to which we hereby offer ourselves completely. Nor is it contrary to us if one were ever concerned that the article touched upon should be drawn to a cover of new unchristian doctrine, that the same, inasmuch as we have, at your love and the others' allowance, ingenuously made a Christian declaration and given it in great committee, be declared, and not, as your concept is capable of, have its right substance so completely abandoned, but remain according to the letter with dignities and powers.

27 And because we are confident of the Roman Imperial Majesty as a Christian Emperor and our most gracious Lord. Majesty, as a Christian Emperor and our most gracious Lord, of all undoubted and consoling confidence, where Her Imperial Majesty has been reported by us in part. Majesty of the things, as partly told by us now, and otherwise further with right reason would have been reported, Her Imperial Majesty would have decided on the, as a Christian Emperor and our most gracious Lord, the whole undoubted and consoling confidence. Majesty would not have been moved to do so, as the instruction read out, for the sake of the article touched upon, could not have been done, as then from Her Imperial Majesty's letter and authority, the Constitution of the Holy Roman Empire would have been passed. Majesty's decree and authority, as we do not know otherwise, it is found to be clear enough that it should be spoken of, acted upon and advised in all ways, so that peace and unity may be preserved in the realm, on which we, in addition to Your Royal Highness the Most Illustrious, Dearest, have the right to vote. In all our actions, we have sought nothing but God's glory above all things, and also the salvation of all our souls, Christian peace and unity, and still desire nothing else; we can and will testify to this with God, the almighty and unifying investigator and discerner of all hearts. Therefore, and if it had been the opinion that, because of the much reported article, it should have remained in the read instruction in a proper and convenient manner, it would not have been necessary for this case of the committee, nor for such a deliberation, movement and action, so that you could also have taken your part from the presented or read instruction, as well as from other imperial instructions. Majesty's instructions.

28. after all this we want to give ourselves to your royal. Serene Majesty, dear ones, and you, the others, as our dear and gracious lords, grandparents, cousins, brothers-in-law, friends, and special loved ones, as we also kindly ask and kindly request again that you will and will take the opportunity of the matters once again to consider, and our complaint, and diligently consider the grounds and causes thereof, and not allow yourselves to be moved or to act contrary to the unanimously agreed upon, obligated, securitized, and sealed parting, as no one has the right, power, or authority to do so for the reasons suggested or otherwise justified, which we refrain from reporting this time for the sake of the best.

29 And where ever this third report of our noticeable complaints, with your Royal Serene Highness and you the others, would not take place. Serene Majesty, dear ones, and you, the others, would neither find nor have any place: we hereby publicly protest and testify before God, our united Creator, Sustainer, Redeemer and Beatificator (who, as stated above, alone searches and knows the hearts of all of us, and will also judge accordingly), and before all men and creatures, that we, for ourselves, ours, and for the sake of all men, in all actions and supposed departures, as aforesaid, in the aforesaid or other matters against God, his holy word, the salvation of all our souls and good conscience, also against the aforesaid Speierian imperial treaty, we do not agree nor consent, but consider it null and void and unbundled due to preordained and other honestly founded reasons; that we also publicly declare our necessity against it, and that we declare to the Roman Imperial Majesty, our allies, that we do not agree with it. Majesty, our most gracious Lord, a thorough and truthful report in this matter, as we had it publicly heard yesterday after the alleged parting of the ways, by our protestation made in haste, which we also hereby renew, and have offered to do so, that we nevertheless, in the meantime, with the help of divine assistance, by virtue and content of the much-touched previous Speierian imperial treaty, keep, live and govern ourselves in our sovereignties, also with and with our subjects and relatives, as we have done in the face of the Almighty God, and Roman Imperial Majesty, our Allies. Majesty, our most gracious Lord, as a Christian Emperor, as we hope and trust to answer for; which also concerns the ecclesiastical rent, interest, validity, tithes, and peace,

as it is written and expressed in the previous Speier Imperial Decree, that we also adhere to and show ourselves to be faithful to it. And in the same way we also want to agree with Your Royal Serene Highness and you, the others, on the following points concerning rebaptism and printing, as we have always understood at this Imperial Diet, and we also know how to keep the content of these points in all due respects. We also reserve the right to further extend our complaints and protests, and whatever else our further needs may require in all this, and we want to take care and comfort of all this without doubt, that the Roman Imperial Majesty will not take any action against us. Majesty, as a Christian, God-loving (above all things) Emperor, and our most gracious Lord, will graciously keep and show himself in regard to our Christian, honorable, honest and unwavering mind and owed obedience. In which we would like to do and prove to Your Royal Serene Highness, dear ones, and to you, the others, as our dear and gracious lords, grandparents, cousins, brothers-in-law, friends and special loved ones, otherwise friendly and benevolent service, favorable and gracious will, which we are willing and inclined to do out of friendship, also benevolent obedience, graciousness and Christian love and duty.

30 And when we now had to provide ourselves with no more change nor relief of our complaints, it is not without reason that nevertheless the Royal Serene Highness, together with the orators and commissaries, also Electors, Princes and Estates, sent some of their advisors to us on Thursday after Jubilate, the 22nd day of April, with verbal advertisement, which we have understood to be harmless in the following opinion:

Request Royal Serene Highness, Imperial Majesty Orator and Commissars. Majesty Orators and Commissaries, also Princes, Princes, Estates and Skilled Persons re.

1 On Monday next [April 19] our most gracious and gracious Lords of Saxony, Brandenburg, Lüneburg, Hesse and Anhalt would have kindly requested the Royal Serene Highness, Imperial Majesty, Orator and Commissaries. Majesty, orators and commissioners, with the indication that their electoral and princely graces wished to be with their electoral and princely graces, and that an hour had been appointed for the following day at six o'clock, and that their electoral and princely graces, together with the orators and commissioners, would come together, confident that their electoral and princely graces would come to their electoral and princely graces and to the others.

but their graces would have apologized to their Royal Serene Highnesses at the same hour with the request to set another hour, which the Royal Highnesses did in the confidence that their Electoral and Princely Graces would come themselves. and Princely Graces would come themselves: however, since it was not convenient for Their Electoral and Princely Graces to come themselves, it was not possible for them to do so. Since it was not convenient for their electoral and princely graces to come themselves, they have ordered theirs with a document to the royal sovereignty, the orator and commissioners. However, since the royal dukes considered that nothing fruitful could be done by writing, the royal dukes and commissars had our most gracious and gracious lords announce that they would be at hand in the house today between eight and nine o'clock, and had them request that the many noble princes and princes would also dispose of them there, so that for the sake of the conflict that has occurred, 1) and otherwise, action should be taken for a decision, so that the royal dukes, as imperial sovereigns, may decide on the matter. Serene Highness, as Imperial Majesty's Governor, together with the Commissars, Princes, Princes and Estates, compared with each other on all sides, and not thus divided.

(2) However, their Electoral and Princely Graces had been excused, and had ordered theirs to hear the same from the Royal Highnesses; but after the Royal Highnesses had considered that it would be unfruitful to deal with the envoys, therefore their Royal Highnesses, together with the orators, commissioners, also Electors, Princes and Estates, had sent them off to their Electoral and Princely Graces, and had ordered their Electoral and Princely Highnesses to hear the same from their Royal Highnesses. and ordered to report the following opinion to their electoral and princely graces. They are ordered to report the following opinion to their electoral and princely graces:

After this Imperial Diet had been somewhat protracted, and much dispute had arisen on account of the faith, but the majority had decided on a single opinion, the Royal Highnesses and Commissars, on account of the Imperial Majesty, also the Electors, Princes and Estates, wanted to take care of the matter. Majesty, as well as Princes, Princes and Estates, will, in the movement of all kinds of action, and as it is customary that the lesser part always follows the greater, also show themselves in such a way, and accept that which the greater part has decided, so that no discord appears.

4 Nevertheless, their Electoral and Princely Graces had also made a protestation, in which they complained of the farewell to the highest degree, and requested that such a protestation be placed in the parting of this Imperial Diet; for if this did not happen, their

1) "half" put by us instead of: have.

Their Electoral and Princely Graces would know, however, that no such thing had existed until now, although one part had protested that such a protestation had been made in the treaty, and if it were to be made now, it would give rise to an entrance that would cause a great deal of trouble. Therefore, His Royal Serene Highness, on account of His Roman Imperial Majesty, will not provide for it in any way. Majesty, did not want to provide for it at all, but rather that the Electors and Princes would once again accept the parting, as it was decided by the several parts; If, however, the said Electors and Princes should decide to do the same, it would still not be possible, as requested, to insert the protestation into the treaty, since it is not customary to do so, but rather to refrain from inserting their Electoral and Princely Graces into the said treaty, and not to insert their Graces into it: If now their electoral and princely graces would further extend and write out their given intention about it, then it would be the wish of Imperial Majesty, our Allies. Majesty, our most gracious lord, to a noticeable grievance and to the detriment of Her Majesty's Highness, and in addition to this to a noticeable disadvantage for royal sovereigns and commissaries, also for princes, princes and estates; but in order that no unfriendliness should result from this, royal sovereignty and the commissaries would have to be informed in writing. Serene Highness and the Commissaries, also Princes and Estates, and the other official requests that the Princes and Estates of the said extension, and that the protestation should go out publicly, wanted to abstain, so that Serene Highness, together with the Commissaries and Estates, would not also be caused to go out for this reason, which would give unfriendliness.

(5) And so that their electoral and princely graces would not think as if this action were aimed at something more severe, or would carry an unfriendly opinion, their royal highnesses, together with the commissaries, have also given orders to the electors, princes, and estates to continue talking about this, as follows, and to inform their highnesses, as well as those in authority, whether their electoral and princely graces want to keep peace with the royal highnesses, the commissaries, and all estates for the sake of faith and all temporal actions. If their Serene Highnesses, the commissioners and all the estates want to keep peace for the sake of faith and all temporal actions, then their Serene Highnesses, the commissioners and the estates also want to keep it that way, and not to make any trouble because of it; for their Serene Highnesses would not be of the same mind as the commissioners and the estates.

Princes, princes and the estates to stand in peace and unity with many affected princes and princes until a concilium, in the confidence that thereafter things should improve and good things should come about, and peace should be made with all elders, with the final request that they, the princes and princes, Royal Serene Highness, and the others, should be heard with a friendly answer, and theirs, the skilled ones, with a gracious answer.

From this, however, it is easy to hear how we have been further and more adversely affected, and especially in that our protestation has been refused to be brought to the presumed conclusion of this Diet, and on the other hand, that we have wanted to be adversely affected, if we were to let our protest go out in public, when our high and unavoidable necessity requires it, and rightly, 1) also otherwise justifiably, unreprimandable, especially for reasons which, together with what we have further and more to say on the above-mentioned royal, imperial, and imperial sovereignty, are not to be found. Serene Majesty, Imperial. Majesty, orators and commissioners, also princes, princes and the others sent by the estates, and what has been indicated by us on both sides furthermore against each other in writings, all of which will be found recorded hereafter, is to be heard actually and at length.

Response of the Protestant princes to the remonstrances made to them yesterday by the royal dukes of Hungary and Bohemia, as the imperial majesty's governor, orator and commissioners. Majesty's governors, orators and commissioners, as well as princes, princes and estates, made to them yesterday.

1 We remember that on Monday next we sent some of our people to the royal sovereign and asked them to set an hour for the following Tuesday, so that we could inform their sovereign and imperial majesty's orator and commissaries of some of our complaints and needs. Majesty's Orator and Commissars some of our complaints and necessities; but that we could not send our councillors to the Royal Sovereignty and their dears on the aforementioned Tuesday morning to request our necessities was due to an impediment, as ours, which we had ordered at the same hour in the Royal Sovereignty's Court, could not do. You, Mr. Jörgen Truchsess, have reported this to us, and you have also brought it to the Royal Sovereigns, and it may not be without reason that you, Mr. Jörg, have brought it back to us for an answer, three Royal Sovereigns together with Imperial Majesty Orator and Commissary. Majesty's orators and commissaries would be excused.

1) In Walch's old edition: "zurecht".

We are satisfied with the agreement, but their Serene Highnesses and loved ones would suffer well, if it were convenient for us to appear at two o'clock in the afternoon with our own persons at their Serene Highnesses and loved ones; but after the matters were concerned, because of which the Royal Highness, together with the Imperial Majesty, the Orator and the Commissars, would not be satisfied with the agreement. Majesty's orator and commissioners on a certain Monday (about which we would have had no other means, since their royal Highnesses and sweethearts would have resorted to a convenient and inexpensive settlement because of the discord that had arisen between princes and princes, as well as others of the estates and us, just as the trade with their royal Highnesses and sweethearts would not have been otherwise. (As the dealings with their royal sovereigns and dears have not been otherwise), they have had their opinion from a document, almost in the form of a presumed instruction, read out publicly before the said princes and princes, and also the estates, and thereafter have answered to the kingdom's dealings, and since their royal sovereigns and dears, when we responded to them, had not been able to do so, we have not been able to do so. and dear ones, when we then declined to hold a short conversation with each other, unexpectedly withdrew our request, even over our friendly plea, which we had some of ours make to their Serene Highnesses and dear ones on that account, and, as if such a deal had been decided, did not want to hear us: It is therefore not without reason that we deem it useful and convenient to have our protestations, complaints and needs answered in writing to Your Serene Highness and Dearest, in the same manner as was previously done with the Electors, Princes and Estates; At the appointed hour our councillors to Royal Serene Highnesses orators and commissioners have also dealt with it, but to previous complaints, which we encountered in these actions in more than one way, Their Serene Highnesses and Loved Ones did not want to accept the same our written protest and necessity, but to send it again to our councillors, and after the same refused to take back such writing for lack of their command, and asked for it, it was brought back to us by her Serene Highness and beloved envoys, and nevertheless, what we have indicated with constant reason, also out of unavoidable necessity, therein, we do not want to be considered or regarded at all, that we, and that in the place of the Roman Imperial Majesty, our most gracious Lord, should have encountered such a thing, less than not at all, also know with special glory that we did not give cause for this, and do not doubt that the Roman Imperial Majesty, the most gracious Lord, would not have given us a reason for it. Imperial Majesty, as a most gracious, high-souled Emperor, had been present at this Imperial Diet himself, we would have graciously tolerated it or the like.

2. It is also not without that Royal Serene Highness sent to us, the Elector of Saxony, on the next Wednesday evening and let indicate that Her Serene Highness would be willing, together with Imperial Majesty Commissars and Orators, to be on the following Thursday between eight and nine o'clock at the house of the Elector, Her Serene Highness, together with the Council and the Commissioners, would be willing to act on account of the protestation that has been made and for the resolution of this Imperial Diet; We gave the same sent ones, among others, the answer, and especially because we heard that they had no order to ask the others, our friends, we wanted to talk with their loved ones about it, and Royal Highness, for this reason, before the Imperial Diet, we would like to ask them to act on our behalf. Serene Highness a reply before the time. Thereupon we have sent all our councillors to Her Serene Highness, and had Her Royal Highness reminded, among other things, that in response to the letter sent to us in the name of the Roman Imperial Majesty, we have sent a letter to His Imperial Majesty, our most gracious Lord, our most gracious Lord, to obediently attend this Imperial Diet in our own person, in the opinion that, along with other princes, rulers and estates, we would help to act and conclude in such a way as to promote God's honor, and also to bring peace, welfare and all good to the Empire. However, how the matters concerning the discord of faith, peace and unity in the realm in the middle period of the Concilii have occurred here, have been dealt with until the sixth week, and what we have encountered of manifold complaints would not be concealed from His Royal Serene Highness himself. However, since we have encountered such complaints about all of our established submissions, and that we now know how to take little more advantageous action, and our uncle and cousin, Duke Henry of Brunswick, and Margrave Philip of Baden, have suggested negotiating with us on account of the aforementioned discord, we have reported our feelings to their loved ones, as much as we could have done in conscience; and after their loved ones had offered to act on it with princes, princes and estates: We would like to await their reply, with this appendix, if their loved ones were to take action with the aforementioned princes, princes and estates, so that we would let the matters rest, due to our next protest, with the agreement made at the previous Imperial Diet here at Speier, but if it were other matters, of which the royal decree would be the only one. By-

If we wanted to talk to us, or had to talk to us, we wanted to be lighthearted about their nobility.

(3) In addition, we, the Elector of Saxony, because His Royal Serene Highness has informed the Councilors that His Royal Serene Highness would have to speak to us about matters, and especially concerning this Imperial Diet, in which there is a noticeable and great interest, some of our councillors, to his Royal Serene Highness for the above. Serene Highness at the above-mentioned hour, with orders to apologize kindly to His Serene Highness that we would not come up ourselves, and also to indicate where His Serene Highness wanted to report matters to them that they should report them to us; But how fruitful and useful it would have been if we had gone up again in our own person, about which we had previously taken our leave with the Electors, Princes and Estates after making our protest, and also how further action might have been taken, because beforehand, for a convenient settlement, so that we on all sides do not depart from this Imperial Diet in such a divided state, we do not want to dispute any further, but rather let the decision and the answer be pointed out and told to us, which the above-mentioned our grandparents and cousins of Brunswick and Baden had indicated to us yesterday afternoon, on account of the action they had taken, what they might have obtained from the Royal Serenity, the Orators and Commissars, also the Princes and other Estates, in response to their proposals, which we had made in order to prevent an ambiguous farewell.

4. there is also no small confirmation to our now made statement, as you have further advertised among others, because the majority decided on account of the discord: if royal sovereignty, together with the commissaries, also electors, princes and estates wanted to provide themselves, we would also accept the same etc., if their Serene Highnesses, dear Sirs, and the other Estates have often heard at this Imperial Diet, for what high, brave and well-founded reasons we do not know, nor would we be obliged (for which we again respect it without any doubt), to grant it, as if a greater one should, beforehand, in such matters, and on the ways, and on the ways in which the inferior part will face God's eternal wrath and destruction of themselves and of many of God's chosen souls, against the inferior, and to bind and ensnare the latter to God's disobedience to human obedience, if in human actions and things the multiple does not want to prevail against the inferior, since the thing is not

But that these are things which concern each one in particular, no one will doubtless contradict, for the divine Scripture says that each one will bear his own burden.

5. And we consider that, even if we had consented to such actions, or had consented to them, that nevertheless, in the sight of God and the world, nothing else is due to us, except to renounce our obligation to them without delay, and to abide by his divine word; These are matters in which there are not the least points of disagreement, which are now before us, but which are to be dealt with in a future, common, free, Christian concilio, and if such a presumptive imposition of the majority were to be the result of our discretion, it would be nothing else, of our discretion, would be nothing other than whether princes, rulers and estates, outside of the aforementioned concilii and the opinion that it is therefore necessary to carry it out, should have to judge against the aforementioned articles and especially as the one and counterpart.

Item 6: It would be contrary not only to law, but also to all natural equity, if two parties to a transaction were to dispute that one part should be the judge and arbiter of the other, and should have to prevail over the other with the greater or otherwise, and there would be no doubt, if the matter were to be thoroughly considered, that their loved ones and the estates would not be of the same mind and opinion.

7. We also want to think that, if at this Diet the consolation had not been so complete, our divine, constant and well-founded statement, which we have made many times because of the burdensome articles, would have been better received, and would have caused less such discord on the other side; To which part also, if a discord should arise in the realm, it would be most reasonable to interpret that it was the cause of it, we want to have placed, after all, as indicated, in our own and each one's own conscience; Nor would we have provided that the Royal Serene Highness, together with the Commissars and Estates, should have refused to grant our protestation/if we had done so out of great and pressing necessity; For even though we are not to be placed in the parting, as you have indicated, since it is again thought that, by virtue of your advertising, we are to be held liable, and then such more can easily be noted from the names of the estates underwritten, which have consented to it: You, and first of all the Royal Serene Highness,

Together with the commissioners, also princes, princes and those of the estates, it would be easy for us to consider for ourselves how we would be provided for in this way.

8 Item, it could also be said and reproached by our unfavorable ones, who do not have knowledge of the form and occasion of the things, that we would have refused to agree to the much-touched burdensome articles unfairly and without due and constant causes, from which then noticeable annoyance, unhappiness and imposition would follow us, which we want to prevent as much as possible.

9. Thus our mind, will nor opinion is not to cause or diminish anyone to be unfriendly with it, and before that to act contrary to the Roman Imperial Majesty, our most gracious Lord, Highness, but only to seek the glory of God, his holy word, and the salvation of all our souls, nor to do anything else with it than what our conscience knows; and since we would have wanted to be discharged of the burdensome causation, there should have been no lack of us to refrain from the same or the like.

(10) The Royal Highness and Orator, together with the Commissars, also the Princes and Estates, know the nature of the protest. Serene Highness and Orator, together with the Commissars, also the Princes, Princes and Estates, know what the nature and quality of the protestation is, also why the same has been invented and in the rights of the Imperial Majesty, that we hope we are not to be blamed for it, it is also unreproachable for us by the Imperial Majesty and only for all fairness, whether we will let our protestation, and with the narration of the needy and knowledgeable occasion of the trade that has taken place, go out in such a way.

11. But when finally and lastly you advertised, lest we should think that the advertisement made was a little sharp, and carried an unfriendly opinion: so Royal Serene Highness, together with the Commissaries, also Princes, Princes and the other Estates, would have given you orders to continue talking, and to inform you as skilful ones: If we keep peace with their Serene Highnesses, beloved ones and estates on all sides of faith and all temporal actions, then Royal Highness and the Commissaries, also the other princes, princes and estates, will also keep peace against us, and will neither undertake nor act anything offensive against us, until the future Concilium, in the hope that then God would give better peace and unity than has been the case so far. To this we give you this answer: that we are as high as anyone to peace and harmony.

We are inclined to unity, and in all our actions here we seek nothing more than the glory of God and the salvation of all people, peace and unity; and because we now note from the Imperial Majesty, our most gracious Lord, the invitation to this Imperial Diet and elsewhere, that Her Imperial Majesty would like to see and know peace and unity maintained in the Empire, and Royal Serene Highness and the other Imperial Majesties, Commissars and rulers, as well as all other Princes, Princes and Estates, have promised us through you peace with us for the sake of faith and all temporal matters. Majesty's commissioners and rulers, as well as all other princes, rulers and estates, have promised us through you to keep peace and unity with us for the sake of faith and all temporal matters: Therefore, and since we, together with ours, and males related to this part and to the Gospel, and having jurisdiction and government, have and obtain peace on account of the faith, and also on account of those things which are included in the articles to be dealt with in the future council, and are dependent on and related to the same, or flow and result therefrom, and also on account of all other temporal things; We herewith wish to have promised and consented to the peace of the Royal Serene Highness, the Imperial Majesty, the Commissioners decreed, and also the Princes, Princes and all the Estates, and to keep ourselves peaceful and moderate, as we all do in such a case before God, also the Roman Imperial Majesty, our Allies, and the Holy Roman Emperor. Majesty, our most gracious Lord, because we are willing and completely inclined to show friendly and benevolent service, favor, grace and goodwill to the High Imperial Majesty and to all Princes, Princes and Estates of the Empire.

Final Conclusion of Imperial Maj. Governors, Orators and Commissars, Princes and Estates.

Kaiserl. Majesty Governor, Royal Duke of Hungary and Bohemia etc.., also Her Maj. Orator and Commissaries, Princes, Prelates, Counts, Free and Imperial Cities, are finally resolved and of mind that they will abide by the Holy Empire's orders and by the Peace of the Land established at Worms, as well as by the Imperial Treaty now made here, They will not violate anyone against this, and against the Elector of Saxony, the Duke of Lüneburg, Margrave Georgen of Brandenburg, the Landgrave of Hesse, and the Princes of Anhalt, for the sake of the faith, they will not take any action against the future Concilio in bad faith,

Now the above-mentioned princes and princes will in turn show obedience, peace and friendliness towards Imperial Majesty, princes and the common estates of the empire for the sake of peace and faith. Majesty, Princes, Princes and common estates of the Empire obediently, peacefully, kindly and neighborly, and not to do anything unpleasant with the deed, and also to refrain from further tendering or spreading their protestation, which could then lead to further disputes and discord, and to be content to keep the reported protestation with the imperial action now being carried out, and to send it to Imperial Majesty. Maj. may be content and let it remain.

The Electors and Princes, Saxony, Brandenburg, Lüneburg, Hesse and Anhalt, final reply to the writing of the Royal Serene Highness, Imperial Majesty, orators and commissioners, also the Electors, Princes and Estates of the Empire, handed over today at one o'clock.

1. to issue a protest, on opinion, as heard from the above-mentioned Electors and Princes yesterday's writing, they cannot refrain, also want to know how to keep themselves unprovoked of the fee with it, and provide that the Royal Highnesses together with the Imperial Highnesses and Princes of the Holy Roman Empire will be in agreement. Maj. Orator and Commissaries, as well as Princes, Princes and Estates against them and theirs, also masculinely, on their part and related to the Gospel, and having supremacy and government, for the sake of faith, also for the sake of those things which are included in the articles to be dealt with in the future Council, and which are pending and related to the same or flow and result from them, will keep unhindered, also for the sake of all other temporal things, peaceful, neighborly and friendly; and the above-mentioned Electors and Princes, Saxony, Brandenburg, Lüneburg, Hesse and Anhalt, Imperial Maj. Maj., for the sake of their most gracious lord, to all dutiful obedience submissively, against royal highness, kais. Orator, Commissars, and all other Electors, Princes and Estates of the Empire, by virtue of the Imperial Majesty's Land Peace, and in particular of the previous and next Speier Farewell, as also touched upon in their protestation, to again show themselves peaceful, neighborly and friendly, and also not to do anything unpleasant and in fact.

2 Although now also (as such to be clearly understood from the above-mentioned writings) the Royal Serene Highness, Imperial Majesty, Orator and Commissaries, also Electors, Princes and Estates, and we with and against each other agree and commit ourselves in the meantime to a future Council of Faith. Maj. Orator and Commissarien, also Electors, Princes and Estates, and we with and against each other agreed and committed ourselves, in the meantime of a future Concilii, for the sake of the faith in the unpleasant and with the deed

not to undertake anything on any part, but to keep us on all sides neighborly, peaceful and friendly towards each other, to which we are then most inclined, and provide ourselves again without doubt. Since, however, it is in accordance with justice and all equity that the main matter (as faith is in this case) is set in peace and decency, everything that depends on the main matter, or arises from it, should also rest, and the main matter's advantages and freedom should also be shared; If, however (as the above-mentioned writings indicate), we have not received a certain answer on account of such accessions, we shall be caused to decide whether anything should be done about them or against them, whether in or out of law, between us and the above-mentioned Council, to take such for our sake, and for the sake of all our present and future adherents, now as then, and then as now, for a valiant grievance which we thereby encounter, as we also do herewith, and from such grievance herewith also wish to protest.

3. After all this, we, the above-mentioned Electors and Princes, protest, recuse, provoke, appeal, supplicate and call for ourselves, our subjects and relatives, also present and future supporters and adherents, in and with this present writing, in the best form and measure as we should and may, from all the above-mentioned complaints, which we have encountered from the beginning of this Imperial Diet to the end and with the supposed parting, also of all actions and all other complaints, as may arise therefrom, or may be drawn or followed hereunder, be they named herein or not, reserving their unsuitability and nullity in all ways, to and before the Roman Imperial and Christian Majesty, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, the Holy Roman Emperor, and the Holy Roman Emperor. and Christian Maj, our most gracious Lord, and in addition to that, at and for the next future free, Christian, common Concilium and Assembly of Holy Christendom, before our National Assembly, and in addition to that, a convenient, impartial and Christian judge for each of these matters; and submit ourselves, our principality, dominions, land and people, body and goods, also all present and future followers of this our appeal, to the Imperial Majesty and a Christian Concilium. Majesty and a Christian Concilii protection and umbrella. We hereupon request and ask from the Royal Serene Highness, Imperial Majesty, and also from the Princes, Princes, and the rest of you of the Holy Roman Empire, as well as from the two Notaries Public, or whoever has the power to do so, for the first, second, and third time, diligently, more diligently, and most diligently, to give us testimony of such our appeal, recusation, provocation, and supplication,

We also reserve the right to increase, improve, diminish, or change such appeals, provocations, and supplications, and to file them anew, as soon as the usual form has brought and permitted them.

4. Because the embassies sent by the honorable and free imperial cities named below, as Strasbourg, Nuremberg, Ulm, Costnitz, Lindau, Memmingen, Kempten, Nördlingen, Heilbrunn, Reutlingen, Ißni, Sanct Gallen, Weißenburg and Windsheim, as the above-mentioned Electors and Princes Appeal, The same embassies have adhered at the time of this above-mentioned appeal by princes and rulers, and have indicated and stipulated that they and their lords and rulers adhere to the same appeal, nor do they wish to adhere to or be associated with or oppose any authority (so that and thereby they may be attested to and innovation made against the appealing princes and princes or against their appeal), and as councillors soon appointed by the aforementioned princes and princes, in place of their electoral and princely graces, the above-mentioned free and imperial cities' appeal, which they have done or will do in the future for the sake of more affected matters and grievances, are again also adhered to, and conditioned to adhere to the same, and to act nothing against it, without any danger.

5. And from both of us according to written notaries, together with the witnesses of such made appeal, also attachment of the same, condition, protestation and reservation, letters of testimony, also one or more instruments, as much as would be necessary to their electoral and princely graces, we have not to refuse their electoral and princely graces, out of requirement of our notary office, letters of testimony and these our open testimonies.

6. events at Speier, in the year, jndiction, day, time, hour and dwelling, as everything is further indicated above.

7. the honorable and venerable Alexius Frauentraut, highly-named of our gracious lord, Margrave Georgen of Brandenburg etc., secretary; Eucharius Ulrich, an honorable councilor of Nuremberg

War scribe and citizen there; Veit Kemerer, and others more enough credible.

8. and after I Leonhard Stettner, Freisinger Bisthums Lai, from kais. Maj. power and authority, notary and tabulary, and now highly-named of my most gracious lord, the Elector of Saxony etc., clerk of the chancellery; besides the honorable Pancratien Saltzmann, highly-named of my most gracious lord, Margrave Georgen of Brandenburg 2c, Secretarien, als mein Mitnotarien, und den obgenannten hierzu erforderlichen Gezeugen, bei angezeigter Erzählung der Beschwerungen, Provocation, Appellation, Supplication und Berufung, auch Bitte und Begehrung der Apostel, Abschieds- und Kundschaftsbriefe, sammt der obberührten ehrbaren und freien Reichsstädte Botschaften, I have personally been present at the above-mentioned admonitions, attachments and conditions, also the handing over of the writ, in which such complaints, appeals, and other things are enshrined, and other presentations, as expressed above, which I have thus heard and seen: I have, in addition to my fellow notaries, accepted the same document handed over, out of the requirement of my notarial office, and placed it in this open instrument and form, and by another notary (after I myself, for the sake of daily business in the presence of my most gracious lord, the Elector of Saxony etc., Chancery, prevented from doing so) on twelve sheets of parchment, read over and executed the same with diligence, also signed and drawn my baptismal and surname, and usually notarial sign with this my own handwriting on this thirteenth and last sheet of parchment, for testimony and belief of all the above-mentioned things, especially appointed, required and requisitioned for this.

9 And because I Pancratius Saltzmann, Bamberger Bisthums Lai, from kais. Maj. power and authority, notary and tabler, above-mentioned of my gracious lord, Margrave Georgen zu Brandenburg etc., Kammersecretarius, beside Leonharden Stettner, hochgedachten meines gnädigsten Herrn, des Churfürsten zu Sachsen, Kanzleischreiber, als mein Mitnotarien, auch bei angezeigten Erzählung solcher Beschwerungen krovoeatiou, ^.ppsliatiou, Supplication, Berufung, Begehrung der Apostel und Gezeugnißbriefe, sammt der bemeldten ehrbaren Frei- und Reichsstädte ^.äUasr6N2, condition, and fönst of all action, as above, beside above-mentioned my Mitnotarien, and for it required witnesses, personally present gewest, such everything, as therein found and indicated, seen and heard: therefore I have such complaint, all herein verleibt,

by preventing other of my business, have another one written on twelve sheets of parchment, and for this purpose have myself signed and designated on the last and thirteenth sheet, with my baptismal and surname and usual notary's signet, and this my own handwriting, and for the credibility of all such things have been specially appointed and required for this purpose.

821 Some new articles of composition not found in the Instrumentum Appellationis and drafted by Duke Henry of Brunswick and Margrave Philip of Baden.

From Müller's History etc., p. 42.

And as the same article 1) has since been misunderstood by many and has been used to excuse all sorts of new doctrines and sects: so that such things may be cut off, and discord, strife and unrest prevented, and peace, unity and obedience of the subjects preserved between all the estates, in the meantime of the above-mentioned Concilii: The Princes, Princes and other Estates have resolved that the above article in the Speier Agreement shall be amended 2) with the following moderation and declaration, namely that the aforementioned Princes, Princes and Estates, who have hitherto kept and adhered to the traditional customs, ceremonies and other practices of the common church, may now remain and continue to do the same until the future Council, without male hindrance, violation and entry; Similarly, the other princes, rulers, and estates, among whom the other doctrine has arisen, and thus the above-mentioned traditional customs have come to an end, are also to be left without the other part's and beneficial prevention, violation, or entry, until the Concilio in question, but for now all further innovation or sectarianism in the Christian faith is to be prevented as much as possible and humanly possible until the future Concilio, and is not to be permitted by the authorities of any place. Otherwise, the keeping and hearing of the masses held by princes, princes and estates according to customary usage, as well as the masses held by princes, princes and others, where the other doctrine is in force, shall be prohibited.

1) See Document No. 817, K 5 and No. 818, K 4.

2) Instead of: "to improve" should probably be read: "to be improved".

The two Churches shall, by common peace, tolerate the practice of a different measure until the future Council (but without prejudice to any abuse), so that no prince, sovereign or other estate, outside of their temporal authorities, shall in any way violate, cause to violate or cause to be violated the other's old or new practice or observance of the Masses 3); and especially some doctrines and sects, as much as they belong to the venerable sacrament of the true Corpus Christi and blood of our Lord JEsu Christ, shall not be accepted by the estates of the Holy Roman Empire of the German Nation, nor shall they be allowed or permitted to be preached in public, and none of the princes, rulers or estates shall force or hinder the other in any way on account of the faith, nor shall they deprive him of his pension, interest, tithes and goods; Likewise, none of the other's subjects and relatives in the other's secular authority, on account of faith and other causes, may take into their protection and shield against their authority; all this under penalty and punishment of the imperial decree. All this under penalty and punishment of the imperial peace established at Worms, which all its contents shall remain in dignity, be firmly held and enforced.

822. Letter 4) of Elector John of Saxony, by which he announces the protestation in his lands and indicates its true causes. Dat. Weimar, the

May 9, 1529.

This document appeared in 1529 in both quarto and octavo under the title: "Des Churfürsten zu Sachsen Johannis Abschied auf jetzt gehaltenem Reichstag zu Speyer 1529." Reprinted in Hortleder, "Von den Ursachen des deutschen Kriegs," vol. I., enp. 4th, p. 43 and in Müller's Historie von der evangelischen Stände Protestation rc., lib. I, enp. 6, K 2, p. 126. In the collections: in the Eisleben one, vol. II, p. 14; in the Altenburg one, vol. IV, p. 799 and in the Leipzig one, vol. XXII, p. 27.

By the Grace of God, we John, Duke of Saxony, Archmarshall and Elector of the Holy Roman Empire, Landgrave of Thuringia and Margrave of Meissen etc., declare and declare all men to know: After and as the Roman Imperial Majesty, our most gracious

3) Maybe: penetrate?

4) Landgrave Philip of Hesse's letter is in complete agreement with this, both in words and in substance.

Lord, a short time ago a common Imperial Diet was announced, and the Princes, Princes and Estates are required to convene on Sunday Reminiscere [21 Feb.We then, in obedience to their Imperial Majesty, have ordered ourselves in our own person, in the opinion of other Princes, Princes and Estates, to act in the matters expressed in the above-mentioned Imperial proclamation, to consider the same, and to help to deliberate. And by some of the aforementioned princes, princes and estates, for the sake of the article, how on account of the pending discord in our holy Christian faith, to maintain peace and unity in the meantime of a common, free and Christian concilii or national assembly, to act on the ways. Also subsequently, with the approval of Imperial Majesty the Governor, we are to act in peace and Christianity. Majesty's Governor, our special dear lord and uncle, Royal Serene Majesty of Hungary, Bohemia, and the orator and commissioners ordered by Her Imperial Majesty, thereby unanimously establishing and deciding on the article in question at the previous and next Imperial Diet held there at Speier, which has been more changed than declared. In addition, for many brave and important reasons, which concern our conscience and duty, so that we may be devoted to God our Creator, and that we, at the Imperial Diet now held, in addition to other friends of ours, namely, the Highborn Princes, Mr. Georgen, Margrave of Brandenburg etc., Mr. Ernsten and Mr. Franciscen, brothers, Dukes of Brunswick and Lüneburg, Mr. Philippsen, Landgrave of Hesse 2c, and Prince Wolfgangen zu Anhalt, our dear grandparents, cousins, cousins-in-law, have been presented, in the above-mentioned now taken farewell have not been able to approve or grant, and especially, because by the same farewell other states were obliged to join, not to accept the doctrine, which we know and believe Christian, right and necessary, also in our lands and territories hold and preach.

2. that we have therefore publicly protested, together with our friends, against such a supposed change made to the previous Speier agreement and the other attached burdensome articles; to which protest several embassies sent by the honorable and free imperial cities have also joined, and the words of our protest, which we have also sent in writing to the imperial cities, are the same.

have had laid, among others, these, which follow, namely: 1)

(3) But because we have found that your beloved and you persist in your intention of trusting, and because of the brave causes and complaints which we have now raised and renewed, both for the sake of conscience, and also that such your beloved and your authorities, because of the above-mentioned pending discord, do not in any way comply with nor wish to do anything for the preservation of peace and unity in the meantime of the Council. The above-mentioned pending discord, for the preservation of peace and unity, in the meantime of the Council, does not want to serve, nor does it want to be done in any way, that we should heal or consent to it. In addition, according to the form of the treaty, and before the above-mentioned next Speier treaty, we are not obliged, especially without our consent, to leave the next reported treaty made here at Speier: We therefore consider that, because of the many difficulties involved, our high and unavoidable necessity requires us to publicly protest against your dear ones, and yours, as void and powerless on account of the aforementioned next farewell, and ours, as well as ours and our male representatives', unbundling. As we also do herewith at present; and that we do not know, nor can, nor may, for reasons aforesaid, heal, but reported your dear ones, and your. We have hereby protested against your beloved and you. And we nevertheless want to keep, live and govern ourselves in the matters of religion in our authorities, also with and with our subjects and relatives, by means of divine help, by virtue and content of the mentioned next Speierian decree, also with and with our subjects and relatives, as we trust to answer for it against God the Almighty and Roman imperial majesty, our most gracious Lord. What also concerns the ecclesiastical interest, rent, validity and tithes, also the peace, and is written and expressed in the much reported next Speierische Abschied, we want to show and keep ourselves in all ways also unobjectionable.

4. because we now reserve the right, in addition to our protest, to submit the same, together with our complaints, which we have presented in writings, to the Roman imperial majesty, our most gracious lord, and also to let it go out publicly, so that men may have and receive knowledge that we have not agreed nor consented to the above-mentioned actions:

1) The following is § 2 of the protestation in No. 820.

We therefore wish to have made our statement known with this open document, so that all men and everyone may be aware of it, and that we remained at the end of the previous Speier Diet, held in the twenty-sixth year, as we also do herewith. And with the help of the Almighty, in matters concerning our faith, for ourselves and with our subjects and relatives, we want to live, govern, and hold ourselves accountable to God Almighty and the Roman Imperial Majesty, our most gracious Lord, in the meanwhile of the common, free, and Christian Concilii or National Assembly. In witness whereof, with our decree hereunto printed, sealed and given at Weimar, this Thursday after Exaudi [May 9] Anno 1529.

823 Emperor Carl the Fifth's letter of warning to the imperial estates, which refused to accept the imperial treaty. Given at Barcelona, July 12, 1529.

In Müller's Historie etc. p. 208 and in LUnigs ReichsArchiv, xurt. A6N. oont. Walch lets this be addressed in his superscription "to all imperial estates".

We Carl the Fifth, by the grace of God elected Roman Emperor, at all times Mehrer of the Empire etc. Dear faithful! We have been informed of the departure of our imperial majesty, governor, orator and commissar at the next Imperial Diet held at Speier. We are reminded of this by the agreement made at the next Imperial Diet at Speier by our decreed Imperial Governor, Orator and Commissars with the Holy Roman Empire's churl and princes and other estates.

that you have not approved of the article concerning our holy Christian faith, which we are not a little displeased with: Considered that by the much greater part of all estates unanimously decided in such articles on means and measure, in which you should have sought no refusal; And since it is an old custom that what is decided in a common imperial assembly with the majority, the lesser part should not resist it, but, since it is placed at the service of peace and unity in the holy realm, should obediently comply with it, so that neither you nor yours do or act against it, as you are obliged to do out of your duty to us and the holy realm: We will not refuse to do this to you, for if you continue to be disobedient to this gracious warning of ours, we do not wish to avoid it, but would and must, in order to preserve your obedience to the holy kingdom, take serious punishment against you; 1) that it would not be good for anyone but yourselves, if you were obedient as mentioned above, if we did not want to behave towards you, and you do so in our serious opinion. Given in our city of Barcelona, the 12th day of July, Anno etc. 29, of our Roman Empire in the 12th year and of all others in the 14th year.

Carl.

Ad Mandatum Caesareae Cathol. Majestatis proprium.

Alexander Sweat.

1) The following is placed by us instead of the meaningless sentence: "that no one but yourselves, if you conduct yourselves as described above, may be good for you, wanted" etc.