Malcolm had rejoined his regiment, which was with Duke Bernhard, just before it advanced from Bamberg and was received with a hearty welcome by his comrades, from whom he had been separated nine months, having quitted them three months before the battle of Lutzen.
The officers were full of hope that Duke Bernhard was going to strike a great blow. Altringer was away on the shore of Lake Constance facing Horn, Wallenstein was in Bohemia. Between Donauworth and Vienna were but the four strong places of Ingolstadt, Ratisbon, Passau, and Linz. Ingolstadt was, the duke knew, commanded by a traitor who was ready to surrender. Ratisbon had a Protestant population who were ready to open their gates. It seemed that the opportunity for ending the war by a march upon Vienna, which had been snatched by Wallenstein from Gustavus just when it appeared in his grasp, was now open to Duke Bernhard. But the duke was ambitious, his demands for Franconia had not yet been entirely complied with by Oxenstiern, and he saw an opportunity to obtain his own terms. The troops under his orders were discontented, owing to the fact that their pay was many months in arrear, and private agents of the duke fomented this feeling by assuring the men that their general was with them and would back their demands. Accordingly they refused to march further until their demands were fully satisfied. The Scotch regiments stood apart from the movement, though they too were equally in arrear with their pay. Munro and the officers of the Brigade chafed terribly at this untimely mutiny just when the way to Vienna appeared open to them. Duke Bernhard forwarded the demands of the soldiers to Oxenstiern, sending at the same time a demand on his own account, first that the territory of the Franconian bishoprics should at once be erected into a principality in his favour, and secondly, that he should be nominated commander-in-chief of all the armies fighting in Germany for the Protestant cause with the title of generalissimo.
Oxenstiern was alarmed by the receipt of the mutinous demands of the troops on the Danube, and was disgusted when he saw those demands virtually supported by their general. His first thought was to dismiss Duke Bernhard from the Swedish service; but he saw that if he did so the disaffection might spread, and that the duke might place himself at the head of the malcontents and bring ruin upon the cause. He therefore agreed to bestow at once the Franconian bishoprics upon him, and gave a pledge that Sweden would defend him in that position.