As long as Maximilian lived, they enjoyed complete toleration, even under the new form they had taken. Under his successor the scene changed. An imperial edict appeared, which deprived the Bohemian Brethren of their religious freedom. Now these differed in nothing from the other Utraquists. The sentence, therefore, of their condemnation, obviously included all the partisans of the Bohemian Confession. Accordingly, they all combined to oppose the imperial mandate in the Diet, but without being able to procure its revocation. The Emperor and the Roman Catholic Estates took their ground on the Compact and the Bohemian Constitution; in which nothing appeared in favour of a religion which had not then obtained the voice of the country. Since that time, how completely had affairs changed! What then formed but an inconsiderable opinion, had now become the predominant religion of the country. And what was it then, but a subterfuge to limit a newly spreading religion by the terms of obsolete treaties? The Bohemian Protestants appealed to the verbal guarantee of Maximilian, and the religious freedom of the Germans, with whom they argued they ought to be on a footing of equality. It was in vain -- their appeal was dismissed.
Such was the posture of affairs in Bohemia, when Matthias, already master of Hungary, Austria, and Moravia, appeared in Kolin, to raise the Bohemian Estates also against the Emperor. The embarrassment of the latter was now at its height. Abandoned by all his other subjects, he placed his last hopes on the Bohemians, who, it might be foreseen, would take advantage of his necessities to enforce their own demands. After an interval of many years, he once more appeared publicly in the Diet at Prague; and to convince the people that he was really still in existence, orders were given that all the windows should be opened in the streets through which he was to pass -- proof enough how far things had gone with him. The event justified his fears. The Estates, conscious of their own power, refused to take a single step until their privileges were confirmed, and religious toleration fully assured to them. It was in vain to have recourse now to the old system of evasion. The Emperor's fate was in their hands, and he must yield to necessity. At present, however, he only granted their other demands -- religious matters he reserved for consideration at the next Diet.
The Bohemians now took up arms in defence of the Emperor, and a bloody war between the two brothers was on the point of breaking out. But Rodolph, who feared nothing so much as remaining in this slavish dependence on the Estates, waited not for a warlike issue, but hastened to effect a reconciliation with his brother by more peaceable means. By a formal act of abdication he resigned to Matthias, what indeed he had no chance of wresting from him, Austria and the kingdom of Hungary, and acknowledged him as his successor to the crown of Bohemia.
Dearly enough had the Emperor extricated himself from one difficulty, only to get immediately involved in another. The settlement of the religious affairs of Bohemia had been referred to the next Diet, which was held in 1609. The reformed Bohemians demanded the free exercise of their faith, as under the former emperors; a Consistory of their own; the cession of the University of Prague; and the right of electing `Defenders', or `Protectors' of `Liberty', from their own body. The answer was the same as before; for the timid Emperor was now entirely fettered by the unreformed party. However often, and in however threatening language the Estates renewed their remonstrances, the Emperor persisted in his first declaration of granting nothing beyond the old compact. The Diet broke up without coming to a decision; and the Estates, exasperated against the Emperor, arranged a general meeting at Prague, upon their own authority, to right themselves.
They appeared at Prague in great force. In defiance of the imperial prohibition, they carried on their deliberations almost under the very eyes of the Emperor. The yielding compliance which he began to show, only proved how much they were feared, and increased their audacity. Yet on the main point he remained inflexible. They fulfilled their threats, and at last resolved to establish, by their own power, the free and universal exercise of their religion, and to abandon the Emperor to his necessities until he should confirm this resolution. They even went farther, and elected for themselves the DEFENDERS which the Emperor had refused them. Ten were nominated by each of the three Estates; they also determined to raise, as soon as possible, an armed force, at the head of which Count Thurn, the chief organizer of the revolt, should be placed as general defender of the liberties of Bohemia. Their determination brought the Emperor to submission, to which he was now counselled even by the Spaniards. Apprehensive lest the exasperated Estates should throw themselves into the arms of the King of Hungary, he signed the memorable Letter of Majesty for Bohemia, by which, under the successors of the Emperor, that people justified their rebellion.
The Bohemian Confession, which the States had laid before the Emperor Maximilian, was, by the Letter of Majesty, placed on a footing of equality with the olden profession. The Utraquists, for by this title the Bohemian Protestants continued to designate themselves, were put in possession of the University of Prague, and allowed a Consistory of their own, entirely independent of the archiepiscopal see of that city. All the churches in the cities, villages, and market towns, which they held at the date of the letter, were secured to them; and if in addition they wished to erect others, it was permitted to the nobles, and knights, and the free cities to do so. This last clause in the Letter of Majesty gave rise to the unfortunate disputes which subsequently rekindled the flames of war in Europe.
The Letter of Majesty erected the Protestant part of Bohemia into a kind of republic. The Estates had learned to feel the power which they gained by perseverance, unity, and harmony in their measures. The Emperor now retained little more than the shadow of his sovereign authority; while by the new dignity of the so-called defenders of liberty, a dangerous stimulus was given to the spirit of revolt. The example and success of Bohemia afforded a tempting seduction to the other hereditary dominions of Austria, and all attempted by similar means to extort similar privileges. The spirit of liberty spread from one province to another; and as it was chiefly the disunion among the Austrian princes that had enabled the Protestants so materially to improve their advantages, they now hastened to effect a reconciliation between the Emperor and the King of Hungary.
But the reconciliation could not be sincere. The wrong was too great to be forgiven, and Rodolph continued to nourish at heart an unextinguishable hatred of Matthias. With grief and indignation he brooded over the thought, that the Bohemian sceptre was finally to descend into the hands of his enemy; and the prospect was not more consoling, even if Matthias should die without issue. In that case, Ferdinand, Archduke of Graetz, whom he equally disliked, was the head of the family. To exclude the latter as well as Matthias from the succession to the throne of Bohemia, he fell upon the project of diverting that inheritance to Ferdinand's brother, the Archduke Leopold, Bishop of Passau, who among all his relatives had ever been the dearest and most deserving. The prejudices of the Bohemians in favour of the elective freedom of their crown, and their attachment to Leopold's person, seemed to favour this scheme, in which Rodolph consulted rather his own partiality and vindictiveness than the good of his house. But to carry out this project, a military force was requisite, and Rodolph actually assembled an army in the bishopric of Passau. The object of this force was hidden from all. An inroad, however, which, for want of pay it made suddenly and without the Emperor's knowledge into Bohemia, and the outrages which it there committed, stirred up the whole kingdom against him. In vain he asserted his innocence to the Bohemian Estates; they would not believe his protestations; vainly did he attempt to restrain the violence of his soldiery; they disregarded his orders. Persuaded that the Emperor's object was to annul the Letter of Majesty, the Protectors of Liberty armed the whole of Protestant Bohemia, and invited Matthias into the country. After the dispersion of the force he had collected at Passau, the Emperor remained helpless at Prague, where he was kept shut up like a prisoner in his palace, and separated from all his councillors. In the meantime, Matthias entered Prague amidst universa
l rejoicings, where Rodolph was soon afterwards weak enough to acknowledge him King of Bohemia. So hard a fate befell this Emperor; he was compelled, during his life, to abdicate in favour of his enemy that very throne, of which he had been endeavouring to deprive him after his own death. To complete his degradation, he was obliged, by a personal act of renunciation, to release his subjects in Bohemia, Silesia, and Lusatia from their allegiance, and he did it with a broken heart. All, even those he thought he had most attached to his person, had abandoned him. When he had signed the instrument, he threw his hat upon the ground, and gnawed the pen which had rendered so shameful a service.
While Rodolph thus lost one hereditary dominion after another, the imperial dignity was not much better maintained by him. Each of the religious parties into which Germany was divided, continued its efforts to advance itself at the expense of the other, or to guard against its attacks. The weaker the hand that held the sceptre, and the more the Protestants and Roman Catholics felt they were left to themselves, the more vigilant necessarily became their watchfulness, and the greater their distrust of each other. It was enough that the Emperor was ruled by Jesuits, and was guided by Spanish counsels, to excite the apprehension of the Protestants, and to afford a pretext for hostility. The rash zeal of the Jesuits, which in the pulpit and by the press disputed the validity of the religious peace, increased this distrust, and caused their adversaries to see a dangerous design in the most indifferent measures of the Roman Catholics. Every step taken in the hereditary dominions of the Emperor, for the repression of the reformed religion, was sure to draw the attention of all the Protestants of Germany; and this powerful support which the reformed subjects of Austria met, or expected to meet with from their religious confederates in the rest of Germany, was no small cause of their confidence, and of the rapid success of Matthias. It was the general belief of the Empire, that they owed the long enjoyment of the religious peace merely to the difficulties in which the Emperor was placed by the internal troubles in his dominions, and consequently they were in no haste to relieve him from them.
Almost all the affairs of the Diet were neglected, either through the procrastination of the Emperor, or through the fault of the Protestant Estates, who had determined to make no provision for the common wants of the Empire till their own grievances were removed. These grievances related principally to the misgovernment of the Emperor; the violation of the religious treaty, and the presumptuous usurpations of the Aulic Council, which in the present reign had begun to extend its jurisdiction at the expense of the Imperial Chamber. Formerly, in all disputes between the Estates, which could not be settled by club law, the Emperors had in the last resort decided of themselves, if the case were trifling, and in conjunction with the princes, if it were important; or they determined them by the advice of imperial judges who followed the court. This superior jurisdiction they had, in the end of the fifteenth century, assigned to a regular and permanent tribunal, the Imperial Chamber of Spires, in which the Estates of the Empire, that they might not be oppressed by the arbitrary appointment of the Emperor, had reserved to themselves the right of electing the assessors, and of periodically reviewing its decrees. By the religious peace, these rights of the Estates, (called the rights of presentation and visitation,) were extended also to the Lutherans, so that Protestant judges had a voice in Protestant causes, and a seeming equality obtained for both religions in this supreme tribunal.
But the enemies of the Reformation and of the freedom of the Estates, vigilant to take advantage of every incident that favoured their views, soon found means to neutralize the beneficial effects of this institution. A supreme jurisdiction over the Imperial States was gradually and skilfully usurped by a private imperial tribunal, the Aulic Council in Vienna, a court at first intended merely to advise the Emperor in the exercise of his undoubted, imperial, and personal prerogatives; a court, whose members being appointed and paid by him, had no law but the interest of their master, and no standard of equity but the advancement of the unreformed religion of which they were partisans. Before the Aulic Council were now brought several suits originating between Estates differing in religion, and which, therefore, properly belonged to the Imperial Chamber. It was not surprising if the decrees of this tribunal bore traces of their origin; if the interests of the Roman Church and of the Emperor were preferred to justice by Roman Catholic judges, and the creatures of the Emperor. Although all the Estates of Germany seemed to have equal cause for resisting so perilous an abuse, the Protestants alone, who most sensibly felt it, and even these not all at once and in a body, came forward as the defenders of German liberty, which the establishment of so arbitrary a tribunal had outraged in its most sacred point, the administration of justice. In fact, Germany would have had little cause to congratulate itself upon the abolition of club-law, and in the institution of the Imperial Chamber, if an arbitrary tribunal of the Emperor was allowed to interfere with the latter. The Estates of the German Empire would indeed have improved little upon the days of barbarism, if the Chamber of Justice in which they sat along with the Emperor as judges, and for which they had abandoned their original princely prerogative, should cease to be a court of the last resort. But the strangest contradictions were at this date to be found in the minds of men. The name of Emperor, a remnant of Roman despotism, was still associated with an idea of autocracy, which, though it formed a ridiculous inconsistency with the privileges of the Estates, was nevertheless argued for by jurists, diffused by the partisans of despotism, and believed by the ignorant.
To these general grievances was gradually added a chain of singular incidents, which at length converted the anxiety of the Protestants into utter distrust. During the Spanish persecutions in the Netherlands, several Protestant families had taken refuge in Aix-la-Chapelle, an imperial city, and attached to the Roman Catholic faith, where they settled and insensibly extended their adherents. Having succeeded by stratagem in introducing some of their members into the municipal council, they demanded a church and the public exercise of their worship, and the demand being unfavourably received, they succeeded by violence in enforcing it, and also in usurping the entire government of the city. To see so important a city in Protestant hands was too heavy a blow for the Emperor and the Roman Catholics. After all the Emperor's requests and commands for the restoration of the olden government had proved ineffectual, the Aulic Council proclaimed the city under the ban of the Empire, which, however, was not put in force till the following reign.
Of yet greater importance were two other attempts of the Protestants to extend their influence and their power. The Elector Gebhard, of Cologne, (born Truchsess* of Waldburg,) conceived for the young Countess Agnes, of Mansfield, Canoness of Gerresheim, a passion which was not unreturned. As the eyes of all Germany were directed to this intercourse, the brothers of the Countess, two zealous Calvinists, demanded satisfaction for the injured honour of their house, which, as long as the elector remained a Roman Catholic prelate, could not be repaired by marriage. They threatened the elector they would wash out this stain in his blood and their sister's, unless he either abandoned all further connexion with the countess, or consented to re-establish her reputation at the altar. The elector, indifferent to all the consequences of this step, listened to nothing but the voice of love. Whether it was in consequence of his previous inclination to the reformed doctrines, or that the charms of his mistress alone effected this wonder, he renounced the Roman Catholic faith, and led the beautiful Agnes to the altar.
* Grand-master of the kitchen.
This event was of the greatest importance. By the letter of the clause reserving the ecclesiastical states from the general operation of the religious peace, the elector had, by his apostacy, forfeited all right to the temporalities of his bishopric; and if, in any case, it was important for the Catholics to enforce the clause, it was so especially in the case of electorates. On the other hand, the relinquishment of so high a dignity was a severe sacrifice, and peculiarly so in the case of a tende
r husband, who had wished to enhance the value of his heart and hand by the gift of a principality. Moreover, the Reservatum Ecclesiasticum was a disputed article of the treaty of Augsburg; and all the German Protestants were aware of the extreme importance of wresting this fourth* electorate from the opponents of their faith. The example had already been set in several of the ecclesiastical benefices of Lower Germany, and attended with success. Several canons of Cologne had also already embraced the Protestant confession, and were on the elector's side, while, in the city itself, he could depend upon the support of a numerous Protestant party. All these considerations, greatly strengthened by the persuasions of his friends and relations, and the promises of several German courts, determined the elector to retain his dominions, while he changed his religion.
* Saxony, Brandenburg, and the Palatinate were already Protestant.
But it was soon apparent that he had entered upon a contest which he could not carry through. Even the free toleration of the Protestant service within the territories of Cologne, had already occasioned a violent opposition on the part of the canons and Roman Catholic `Estates' of that province. The intervention of the Emperor, and a papal ban from Rome, which anathematized the elector as an apostate, and deprived him of all his dignities, temporal and spiritual, armed his own subjects and chapter against him. The Elector assembled a military force; the chapter did the same. To ensure also the aid of a strong arm, they proceeded forthwith to a new election, and chose the Bishop of Liege, a prince of Bavaria.
A civil war now commenced, which, from the strong interest which both religious parties in Germany necessarily felt in the conjuncture, was likely to terminate in a general breaking up of the religious peace. What most made the Protestants indignant, was that the Pope should have presumed, by a pretended apostolic power, to deprive a prince of the empire of his imperial dignities. Even in the golden days of their spiritual domination, this prerogative of the Pope had been disputed; how much more likely was it to be questioned at a period when his authority was entirely disowned by one party, while even with the other it rested on a tottering foundation. All the Protestant princes took up the affair warmly against the Emperor; and Henry IV. of France, then King of Navarre, left no means of negotiation untried to urge the German princes to the vigorous assertion of their rights. The issue would decide for ever the liberties of Germany. Four Protestant against three Roman Catholic voices in the Electoral College must at once have given the preponderance to the former, and for ever excluded the House of Austria from the imperial throne.
History of the Thirty Years' War in Germany. Page 4