in Germany at the time of its establishment, was accidental; that no one estate should have the means of legally oppressing another, was the essential purpose of the institution. Now this object would be entirely frustrated if one religious party were to have the exclusive power of deciding for the other. Must, then, the design be sacrificed, because that which was merely accidental had changed? With great difficulty the Protestants, at last, obtained for the representatives of their religion a place in the Supreme Council, but still there was far from being a perfect equality of voices. To this day no Protestant prince has been raised to the imperial throne.
Whatever may be said of the equality which the peace of Augsburg was to have established between the two German churches, the Roman Catholic had unquestionably still the advantage. All that the Lutheran Church gained by it was toleration; all that the Romish Church conceded, was a sacrifice to necessity, not an offering to justice. Very far was it from being a peace between two equal powers, but a truce between a sovereign and unconquered rebels. From this principle all the proceedings of the Roman Catholics against the Protestants seemed to flow, and still continue to do so. To join the reformed faith was still a crime, since it was to be visited with so severe a penalty as that which the Ecclesiastical Reservation held suspended over the apostacy of the spiritual princes. Even to the last, the Romish Church preferred to risk to loss of every thing by force, than voluntarily to yield the smallest matter to justice. The loss was accidental and might be repaired; but the abandonment of its pretensions, the concession of a single point to the Protestants, would shake the foundations of the church itself. Even in the treaty of peace this principle was not lost sight of. Whatever in this peace was yielded to the Protestants was always under condition. It was expressly declared, that affairs were to remain on the stipulated footing only till the next general council, which was to be called with the view of effecting an union between the two confessions. Then only, when this last attempt should have failed, was the religious treaty to become valid and conclusive. However little hope there might be of such a reconciliation, however little perhaps the Romanists themselves were in earnest with it, still it was something to have clogged the peace with these stipulations.
Thus this religious treaty, which was to extinguish for ever the flames of civil war, was, in fact, but a temporary truce, extorted by force and necessity; not dictated by justice, nor emanating from just notions either of religion or toleration. A religious treaty of this kind the Roman Catholics were as incapable of granting, to be candid, as in truth the Lutherans were unqualified to receive. Far from evincing a tolerant spirit towards the Roman Catholics, when it was in their power, they even oppressed the Calvinists; who indeed just as little deserved toleration, since they were unwilling to practise it. For such a peace the times were not yet ripe--the minds of men not yet sufficiently enlightened. How could one party expect from another what itself was incapable of performing? What each side saved or gained by the treaty of Augsburg, it owed to the imposing attitude of strength which it maintained at the time of its negociation. What was won by force was to be maintained also by force; if the peace was to be permanent, the two parties to it must preserve the same relative positions. The boundaries of the two churches had been marked out with the sword; with the sword they must be preserved, or woe to that party which should be first disarmed! A sad and fearful prospect for the tranquillity of Germany, when peace itself bore so threatening an aspect.
A momentary lull now pervaded the empire; a transitory bond of concord appeared to unite its scattered limbs into one body, so that for a time a feeling also for the common weal returned. But the division had penetrated its inmost being, and to restore its original harmony was impossible. Carefully as the treaty of peace appeared to have defined the rights of both parties, its interpretation was nevertheless the subject of many disputes. In the heat of conflict it had produced a cessation of hostilities; it covered, not extinguished, the fire, and unsatisfied claims remained on either side. The Romanists imagined they had lost too much, the Protestants that they had gained too little; and the treaty which neither party could venture to violate, was interpreted by each in its own favour.
The seizure of the ecclesiastical benefices, the motive which had so strongly tempted the majority of the Protestant princes to embrace
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