The History of the Thirty Years War | Page 8

enemy.
The power of Austria never stood higher than after the victory which Charles V. gained over the Germans at Muehlberg. With the treaty of Smalcalde the freedom of Germany lay, as it seemed, prostrate for ever; but it revived under Maurice of Saxony, once its most formidable enemy. All the fruits of the victory of Muehlberg were lost again in the congress of Passau, and the diet of Augsburg; and every scheme for civil and religious oppression terminated in the concessions of an equitable peace.
The diet of Augsburg divided Germany into two religious and two political parties, by recognizing the independent rights and existence of both. Hitherto the Protestants had been looked on as rebels; they were henceforth to be regarded as brethren -- not indeed through affection, but necessity. By the Interim*, the Confession of Augsburg was allowed temporarily to take a sisterly place alongside of the olden religion, though only as a tolerated neighbour. To every secular state was conceded the right of establishing the religion it acknowledged as supreme and exclusive within its own territories, and of forbidding the open profession of its rival. Subjects were to be free to quit a country where their own religion was not tolerated. The doctrines of Luther for the first time received a positive sanction; and if they were trampled under foot in Bavaria and Austria, they predominated in Saxony and Thuringia. But the sovereigns alone were to determine what form of religion should prevail within their territories; the feelings of subjects who had no representatives in the diet were little attended to in the pacification. In the ecclesiastical territories, indeed, where the unreformed religion enjoyed an undisputed supremacy, the free exercise of their religion was obtained for all who had previously embraced the Protestant doctrines; but this indulgence rested only on the personal guarantee of Ferdinand, King of the Romans, by whose endeavours chiefly this peace was effected; a guarantee, which, being rejected by the Roman Catholic members of the Diet, and only inserted in the treaty under their protest, could not of course have the force of law.
* A system of Theology so called, prepared by order of the Emperor Charles V. for the use of Germany, to reconcile the differences between the Roman Catholics and the Lutherans, which, however, was rejected by both parties -- Ed.
If it had been opinions only that thus divided the minds of men, with what indifference would all have regarded the division! But on these opinions depended riches, dignities, and rights; and it was this which so deeply aggravated the evils of division. Of two brothers, as it were, who had hitherto enjoyed a paternal inheritance in common, one now remained, while the other was compelled to leave his father's house, and hence arose the necessity of dividing the patrimony. For this separation, which he could not have foreseen, the father had made no provision. By the beneficent donations of pious ancestors the riches of the church had been accumulating through a thousand years, and these benefactors were as much the progenitors of the departing brother as of him who remained. Was the right of inheritance then to be limited to the paternal house, or to be extended to blood? The gifts had been made to the church in communion with Rome, because at that time no other existed, -- to the first-born, as it were, because he was as yet the only son. Was then a right of primogeniture to be admitted in the church, as in noble families? Were the pretensions of one party to be favoured by a prescription from times when the claims of the other could not have come into existence? Could the Lutherans be justly excluded from these possessions, to which the benevolence of their forefathers had contributed, merely on the ground that, at the date of their foundation, the differences between Lutheranism and Romanism were unknown? Both parties have disputed, and still dispute, with equal plausibility, on these points. Both alike have found it difficult to prove their right. Law can be applied only to conceivable cases, and perhaps spiritual foundations are not among the number of these, and still less where the conditions of the founders generally extended to a system of doctrines; for how is it conceivable that a permanent endowment should be made of opinions left open to change?
What law cannot decide, is usually determined by might, and such was the case here. The one party held firmly all that could no longer be wrested from it -- the other defended what it still possessed. All the bishoprics and abbeys which had been secularized BEFORE the peace, remained with the Protestants; but, by an express clause, the unreformed Catholics provided that none should thereafter be secularized. Every impropriator of an ecclesiastical foundation,