The elector of Bwaria surprised the city of Ulm in Suabia by a stratagem, and then declared for France, which had by this time complied with all his demands.

The diet of the empire assembled at Batisbon were so incensed at his conduct in seizing the city of Ulm by perfidy, that they presented a memorial to his Imperial majesty, requesting he would proceed against the elector according to the constitutions of the empire.

They resolved, by a plurality of voices, to declare war in the name of the empire against the French king and the duke of Anjou, for having invaded several fiefs of the empire in Italy, the archbishopric of Cologn, and the diocese of Liege; and they forbade the ministers of Bavaria and Cologn to appear in the general diet.

In vain did these powers protest against their proceedings.

The empire's declaration of war was published and notified, in the name of the diet, to the cardinal of Limberg, the emperor's commissioner.